The demand for cannabidiol, or CBD, has skyrocketed in the last few years and with it, a huge boom in CBD brands. However, there are still significant challenges to registering CBD brands with the United States Patent and Trademark Office. A few highlights as you read below: USPTO trademark applications for CBD, CBG, Full Spectrum [...]
Copyright protection gives creators (whether individuals or companies) the ability to stop others from (among other things) reproducing the creator’s content without permission. In a digital world where anything can be reproduced, stolen, and sold with only a few clicks, it is essential that creators protect their copyrights. We will go into more detail below, [...]
Much like traditional assets such as machinery or real estate, trademarks are assets that can be bought, sold, and transferred. Unlike physical assets, however, trademarks must be transferred in a purposeful way to ensure that the underlying meaning, or “goodwill”, is also transferred. A trademark could be a word, a phrase, a symbol, or even [...]
The United States Patent and Trademark Office has enacted a new program that requires some trademark registrants to go beyond the normal requirements of renewing their trademark and prove continued use of the items listed in their trademark applications. The USPTO’s audit program requires trademark registrants and their attorneys to be extra vigilant when renewing [...]
The U.S. Supreme Court held that the addition of “.COM” to a generic word could function as a protectable trademark, despite the generic word being incapable of acting as a protectable trademark. While this decision opens the door for brands like BOOKING.COM to potentially qualify for trademark protection, proving those rights could be incredibly difficult [...]
On June 15, the United States Patent and Trademark Office (USPTO) announced the COVID-19 Trademark Prioritized Examination Program. The new initiative allows entities with certain COVID-19-related goods or services to file a petition to the Director to fast-track their trademark applications. The United States Patent and Trademark Office recently introduced a new program that allows [...]
Licensing a brand from another company can be a great way to show affiliation and benefit from the recognition that the existing brand already has. When a business enters into a licensing agreement with a major company, they are allying themselves with not just the brand, but its reputation and goodwill as well. What happens when the brand you license no longer reflects your company’s values?
Quantum computing has opened up possibilities for new research and analysis that could resolve previously unsolvable problems. The industry is full of innovators, like you, who want to make a difference while building a company that can compete in the marketplace. While the focus of any technology company will first be on the tech, it [...]
Copyright law is one of the three major forms of intellectual property, along with trademark law and patent law. Unlike trademark law, which primarily deals with brands, and patent law, which deals with inventions, copyrights protect “creative works,” and give authors and creators protection for their writings, photos, drawings, sculptures, movies, and more, like computer [...]
There is no 30% Rule and you should think twice before using someone else's content.
The U.S. House and Senate recently introduced the "Trademark Modernization Act of 2020" proposing streamlined procedures for eliminated unused trademark registrations. Could the new proceedings help your business reduce the risks and costs of developing a new brand?
The craft beer industry has grown exponentially over the past 10 years and continues to grow with new brands and products entering the marketplace every day. However, it has also become a highly litigious area as everyone tries to carve out their own beer names within the industry. With disputes becoming more and more frequent, [...]
Josh uses his extensive trademark knowledge and experience to provide readers with insight into a variety of trademark issues.
Eric's experience in office action responses, trademark protection, and a variety of other issues gives him a unique viewpoint in the field of trademark law.