Trademark

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Trademarks may incorporate geographical terms but if the USPTO determines that a trademark is “primarily geographic”, the trademark application will be rejected. According to the USPTO,  To support a refusal to register geographic matter, the Trademark Act requires that the mark be primarily geographic, that is, that its primary significance to the relevant consumers in the United […]

When is a chair just a chair (and not a trademark)? The Trademark Trial and Appeal Board (the “Board” or “TTAB”) recently considered this question in an opinion on whether Herman Miller, Inc. (“Herman Miller”) could claim trademark rights in a famous chair design dating back from the 1940s when Charles and Ray Eames developed a technique for molding […]

Cost of an Trademark Lawyer

Good question, but one that’s not so easy to answer. That’s because there are many variables. Lawyers’ fees may vary depending upon your geographical region, the size and type of law firm you retain, nature and complexity of the work, and the type of fee arrangement. For example, attorneys are more likely to charge flat […]

Last month, we discussed the importance of international trademark filings. You may recall that there are two approaches to filing in another country. The first approach, referred to as a “National Filing”, requires you to retain a trademark lawyer in the foreign jurisdiction where you wish to register your trademark. The second approach, using the […]

That’s a great question and one that we frequently receive from clients who are expanding their businesses internationally. Your company’s trademark, whether a word, logo, tagline, or the look and feel of your packaging, are valuable assets, which require protection whether you are expanding your business domestically in the United States or internationally in a […]

China Trademark

In March 2019, we wrote with some concern, that as early as 2017 Chinese companies had filed more than 12 times the number of trademark applications with the USPTO than in previous years. At that time the director of the USPTO stated that “forecasts indicate that annual increases are expected to average 10% during the next 8 […]

The sound of popping beer cans on a hot summer day may evoke memories: quenching a thirst on a hot day, backyard barbecues, days at the beach, or sunny afternoons at the ballgame. Beer can sounds are not going away. The beer can market is going gangbusters. According to one industry source, in 2020, approximately 90.2 […]

Cannabis Plant

In a recent lawsuit, the WM Wrigley Jr. Company  (Wrigley) filed a complaint against Terphogz, LLC (Terphogz) alleging trademark infringement of Wrigley’s iconic brand, SKITTLES. Candy makers are always filing trademark infringement suits so what makes this one noteworthy? Here’s why. Terphogz is a cannabis company that sells cannabis, drug paraphernalia and promotional merchandise. In an apparent effort […]

Noun Confusion

Whether you are a regular reader of our newsletter or not, you should be familiar with the concept of  “trademark infringement.” That’s when a business uses a trademark that is the same as or similar to that of another business, which causes confusion among consumers over the source of the goods or services. Typically, this involves […]