Dear Doc: My new company paid $500 to a designer in Bulgaria for a company logo. The invoice we received says that we have “the right to use the logo in any way, forever.” We good? Signed,A Bit Worried Dear Bit: A recent case filed in both federal and state courts in Georgia should have […]
Trademark
Is Wisconsin Gruyere Really Gruyere or is it Just Cheese?
January 9, 2023
Trademark
Champagne is from the Champagne region of France, Parmigiano Reggiano cheese and Prosciutto di Parma ham from the Parma region of Italy, Toscano olive oil from Tuscany, Roquefort cheese and Champagne from the region of the same name in France. Then there is Irish Whiskey, Darjeeling tea, Florida oranges, Idaho potatoes, Vidalia onions, Washington State […]
*Originally posted on January 13, 2022 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 […]
How Much Does it Cost to Hire a Trademark Lawyer?
December 19, 2022
Trademark
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 […]
The Unabated Deluge of Chinese Trademark Applications
December 12, 2022
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 […]
Dog Poo Redux
December 8, 2022
Trademark
VIP Products, LLC markets a line of cute, humorous squeaky dog toys, consisting of vinyl replicas of liquor, beer, wine, and soda brands labeled with humorous names, usually related to dog poop. So, we have toys labeled “Smella R-Crotches”, Heini Sniff’n, Pissness, and Mountain Drool, associated with likenesses of Stella Artois beer, Heineken’s, Guinness, and Mountain […]
Click-Pop-Swish — No License Required!
December 5, 2022
Trademark
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 […]
Six Steps for Registering a Federal Trademark
November 28, 2022
Trademark
*Originally posted on January 13, 2016 Do you need to register a trademark with the United States Patent and Trademark Office? Then this article is for you – print a PDF version of the Six Steps for Registering a Federal Trademark Guide here. In the United States, trademarks may be registered on the federal or on […]
What Happened to My Trademark Application?
November 21, 2022
Trademark
*Originally posted on December 11, 2015 You have a great business and a terrific product or service and now you want to develop your brand and reap the rewards of a successful business. You understand that protecting your brand is important but you don’t want to deal with the expense and hassle of attorneys or […]
*Originally posted on November 6, 2015 The “USPTO” is the abbreviation for the United States Patent and Trademark Office. It is a federal government administrative agency under the Commerce Department that is responsible for granting patents and issuing trademark registrations. Facts about the USPTO: While this sounds simple enough it is actually a large agency, […]