Do you want to use the ® symbol? If so, then you want to learn more about federal trademark registration. We’ve written about the benefits of state trademark registration. There aren’t many but if you believe state registration is right for you, here’s a brief guide on how to register your trademark in Pennsylvania.  If you’re […]


We wrote in last month’s newsletter that filing trademark applications in foreign jurisdictions may have a strategic benefit to large companies in the United States, particularly for companies that desire to mask product development plans from the public eye while maintaining the priority date of an earlier foreign filing. Known as a “submarine” trademark, the key […]

deposit boxes

Did you know that a trademark may be refused registration because it is deceptive? Yes, indeed, the “deceptively misdescriptive” doctrine is an interesting — if not tongue-twisting — principle of trademark law, which occasionally rears its head. Here’s how it works in a real-life case. Retail Brand Alliance, Inc. (i.e., Brooks Brothers) sought to register […]

Trademark application

Looking for simplified guides to filing trademark applications on the state and federal level? LWH comes to the rescue.   We have published two guides: Six Steps for Registering a Federal Trademark; and Five Steps for Registering a Trademark in Pennsylvania. — Adam G. Garson, Esq.

Virginia Class Submarine

 In the United States, trademark applications are public disclosures from which you can learn some very important competitive information. A trademark application will reveal: 1. The identity of the owner of the trademark, and2. the nature of the goods and services to be identified by the trademark A U.S. filed trademark application is, in effect, a […]

TM is for Trademarks

Trademark law in the United States is all about “use.”  When you’re using your trademark it is accumulating goodwill and you are exercising your trademark rights.  Absent “use,” your trademark rights dwindle and the trademark itself is subject to abandonment. This is an important principle, particularly, when you are applying to register a trademark with […]

Designs for patents

If you needed confirmation about the value and power of branding, here’s what the latest research into evolutionary biology has to say about it. The Economist recently reported that two researchers at Tilburg University — Rob Nelissen and Marijn Meijers — discovered that brand indicators may be more powerful than previously imagined.  The results of […]

Copyright concepts

Did you know that there are two trademark registers maintained by the United States Patent and Trademark Office (PTO)? They are referred to as the “Principal” and the “Supplemental” Registers.  Typically, registration in the Principal Register is most desirable and is reserved for trademarks that the PTO determines are distinctive or have acquired distinctiveness. When […]

R Symbol

By now you may have heard that Sarah Palin and Bristol Palin have each filed applications in the United States Patent and Trademark Office (“PTO”) to register their individual names as federal trademarks. Sarah identified her services as “information about political issues… Educational and entertainment services, namely providing motivational speaking services in the field of […]