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, [...]
On August 3rd, 2019, the United States Patent and Trademark Office implemented a rule requiring foreign companies and individuals domiciled outside of the United States to use a licensed U.S. attorney to file trademark applications, renewals, and almost any other document before the USPTO. This affects every company and individual outside of the U.S., but it can [...]
Clients are often surprised by the various types of things that can be protected under trademark law. From color combinations to product names, there are many different things that can be protected with a trademark. Here is an interesting filing that shows the depth and limits of trademark protection, specifically when it comes [...]
Effective August 3rd, 2019, the USPTO will require foreign applicants, registrants, or parties to a trademark proceeding to be represented by a U.S. attorney.
Licensing a trademark is one of several ways for a brand-owner to monetize its brand. Brand owners can enter into exclusive, or non-exclusive licensing deals with others to expand into new markets, develop new product lines, or embark on new collaborations. But what kind of risks do parties need to consider when entering into a [...]
Imagine this: your company has spent the last year discretely planning the launch of your next flagship product. A significant amount of money has been spent developing a brand, and you’re ready to file the Federal trademark application to secure an early priority date before you launch in the U.S. Your company files, only to [...]
One of the hardest parts of the trademark registration process is meeting all of the deadlines required by the United States Patent and Trademark Office. Failure to meet these deadlines may result in the permanent abandonment of your application. However, if you received a "Notice of Abandonment," you still may have an opportunity to revive the application and save it from being permanently abandoned.
With the rise of the Internet of Things industry, which includes physical objects that connect to the internet and interact with other things, it is becoming more and more important for companies to understand the proper use and application of trademarks. There are two main things to consider when you’re developing and launching your own [...]
In 2013, the creators of the "Magic: The Gathering" card game applied to register a symbol of an arrow. The registration was specifically for card games, trading card games, playing cards, and accessories. The specimen that they provided alleging proof of use only appears in one location on the playing cards. It [...]
In October of last year, Warner Bros. attempted to register the famous "Harry Potter" phrase, "I solemnly swear that I am up to no good." As intellectual property owner of the Harry Potter movie series, Warner Bros. filed the application for a variety of different products. The examining attorney assigned to this [...]
With so many businesses raising funds for new products through crowdfunding sites like Kickstarter, Indiegogo, and GoFundMe, it is important to understand the process required to protect the name of your product before you launch. Below are four important steps to follow when considering to trademark your company or product name. 1. Run a [...]
Specimen refusals to Statement of Use filings can be catastrophic for the applicant. This article looks at what to do if you received a specimen refusal.