Swedish companies can use their EU registrations to register a trademark in the U.S., however, there are nuances to the US registration process that can cause delays or refusals to foreign companies.
A foreign company filing a trademark in the United States can save significant time and costs by engaging a local US trademark attorney to assist with the application process.
Transferring the ownership of a trademark can be complicated and an incorrect assignment can be fatal to a trademark registration.
Almost 20% of applicants file USPTO trademark applications in their names, personally. But what happens when they launch an LLC or corporation? Transferring a trademark can be tricky - by failing to include specific language and a clear "chain of title" a trademark and its application or registration could face significant challenges.
Not every use of a trademark similar to a previously used trademark is infringement - even if its for the same words and the same goods and services. A case from a Texas federal court emphasizes the need to analyze a potential infringement in depth before attempting to enforce trademark rights.
One of the trickiest decisions is analyzing whether you have “commercial use” of your trademark that meets the USPTO (and the federal trademark law) “use in commerce” requirement, which is needed both to register a standard and “intent to use” trademark registration.
Having a strong, protectable trademark for your app is essential for a successful launch in today’s cutthroat mobile industry. There are millions of apps in the Apple App Store, Google Play store and other online app marketplaces and the competition can be fierce. Owning a federal trademark registration is an important step towards protecting your mark in the long term.
In a decision that will have a huge impact on the United States trademark system, the Supreme Court held that the federal law (the Lanham Act) which allows the USPTO to refuse to register “disparaging” trademarks violated the First Amendment and was unconstitutional. Simon Tam, the front man for the Asian-American rock band "The Slants" [...]
These materials were originally presented by Eric Perrott to the American Bar Associations’s Committee on USPTO Operations Relating to the Trademarks and Ex Parte Trademark Practice as a part of their “brown bag” trademark discussions. As trademark attorneys, we have all needed to sift through complicated ownership structures to attempt to figure out exactly who [...]
On-line Copyright and Trademark Enforcement: Why Registration of Your Intellectual Property is Critical
As many successful online entrepreneurs have found out, with success comes copycats, especially on marketplaces like Etsy, eBay, and Amazon. With access to platforms that allow anyone to easily set up an on-line store and sell goods, on-line infringement and counter-fitting of trademarks and copyrights has become a rampant problem. The single most effective step [...]