Businesses regularly file trademark applications without a clear understanding of how trademark law controls the selection of brand names. Applicants who rely on filing services or generic online resources will receive little, if any, guidance on trademark selection. As a result, applications are frequently refused, filing fees are lost, and brand protection is delayed. Does […]
Trademark
State registration may be important if you are making purely intrastate use (i.e., within the state) of your trademark. In fact, the first requirement of registering a trademark in a state registry is that you are using the mark in that state. Another benefit of state registration is its relatively low cost. In Pennsylvania, for […]
Welcome to our kickoff article introducing the LWH Trademark Circular Series. Circular No. 1 is the starting point for learning about the trademark registration process. Subsequent articles in the TM Circular series will address basic trademark procedures and filing issues related to specific markets and industries. This article explains the basic steps involved in registering […]
Twitter Reborn?
January 15, 2026
Trademark
Trademark “abandonment” is what happens when a trademark owner stops using a mark without the intention of using it again. Abandonment can occur in more ways than you might expect. The most obvious is simple non-use, but abandonment arguments are often built from surrounding conduct as well, such as public statements that a brand is being retired, […]
The Perils of Patriotic Branding
November 6, 2025
Trademark
Understanding USPTO Rules for Patriotic Trademarks The trademark selection process is full of traps for the unwary. Suppose you want a patriotic logo that waves the Stars and Stripes. Reasonable enough. But don’t. One client came to us after the USPTO refused registration of a mark that included the Jamaican flag. Under trademark examination rules, […]
Rebranding Missteps – Avoid Them or Pay Dearly
September 11, 2025
Trademark
Over the years, we’ve written several articles on rebranding. If we’ve learned anything, it’s that rebranding can be risky business. Consumers invest a lot of emotion in brands (including logos and trademarks), and should a brand physically change, it can light a firestorm of discontent, opprobrium and just downright nastiness. That brings us to the latest rebranding fiasco. In May 2024, Cracker […]
Ask Dr. Copyright® About Taylor Swift
September 4, 2025
Ask Dr. Copyright, Trademark
Dear Doc: I’m THRILLED that TayVis is/are engaged. But my question is about how Taylor protected the name of her latest album legally before she announced it on the podcast. Can you clue a fan in? Signed,A Devoted Swiftie Dear ADS: As you referenced, Taylor Swift announced the name of her new album, “The Life […]
Can You Sue a Trademark Co-Owner?
August 7, 2025
Trademark
Under U.S. copyright law, as interpreted by the courts, each co-owner of a work owns an undivided interest in the work and is free to exercise those rights, including the right to license the work, without the permission of the other co-owners. As you can imagine, absent an agreement between co-owners, co-ownership of a copyright can potentially […]
Robin-egg blue boxes and shiny red soles—some colors do more than please the eye. They signal status, evoke emotion, and, increasingly, serve as trademarks. Think Tiffany & Co.’s signature blue packaging or the iconic red soles of Christian Louboutin shoes. But can a company really own a color? How Color Became Trademarkable in the Eyes of the […]
Are Phantom Trademarks Real?
May 8, 2025
Trademark
What in the world are “phantom” trademarks? This was a new topic for us, although we had written about so-called “submarine” trademarks several years ago. Phantom vs. Submarine Trademarks: What’s the Difference? Filing a submarine trademark is a strategy aimed at maintaining a veil of secrecy over a company’s marketing plans by filing in a […]