*Originally posted on April 30, 2015 Dear Doc: A lawyer friend told me that I should copyright the name of my band, The Miseracordions, so that when I make it big (this polka thing is REALLY gonna take off soon!) I can keep other people from using the name. Apart from our music, that just […]
Trademark
Submarine Trademarks
October 13, 2022
Trademark
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 […]
Don’t be Caught “Void Ab Initio” (It’s Unbecoming)!
October 10, 2022
Trademark
*Originally posted on March 30, 2015 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 […]
*Originally posted on April 30, 2011 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 […]
*Originally posted on March 31, 2011 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 […]
What’s In a Name…?
September 12, 2022
Trademark
*Originally posted on February 28, 2011 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 […]
Anybody who has tried will agree that choosing a trademark for your product or service isn’t easy. Yes, you have to choose the right mark but then you have to make sure that nobody else has made the same (or similar) choice. More often than not, you discover truth in the adage that there’s no […]
Trademark law is deceptively simple, but there are traps for the unwary. One of those traps is the doctrine of “related products“. Here’s how this works. Let’s say you have chosen what you believe to be a distinctive trademark for fruit juice. Let’s call it AWESOME BEV. So, you properly performed a trademark clearance search. You find that no one […]
Breaking News: Trademark Issued for the Word “THE”
July 14, 2022
Trademark
Copyright consists of a bundle of rights, and the Copyright Act itself defines a “Copyright Owner” as the owner of “particular right.” (§ 101). In this sense, “copyright” is a noun, used to identify a right of ownership; it is not a verb. A trademark, on the other hand, is not a noun, nor a […]
New technologies give rise to new intellectual property headaches. Non-fungible tokens or NFT’s are no exception. What is an NFT? For the uninitiated (and hermits), an NFT is a unique digital token that one can own, sell, or redeem. Bitcoin and Ethereum are examples of digital tokens. Cryptocurrency, however, is fungible. The Bitcoin I own is not unique […]