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.
When filing a trademark with the United States Patent and Trademark Office (“USPTO”) you must file for specific goods and/or services in specific classes (called “International Classes”). Sounds simple enough, right? However, complicating this is the fact that the USPTO has 45 different classes (and two special designations for certification marks). Depending on the goods [...]
Product packaging and design can be protected through copyrights, design patents and trade dress.
Alfonso Ribeiro, known for his role as Carlton Banks on Fresh Prince, has sued the creators of Fortnite and the NBA 2K series for using the “Carlton Dance” as an unlockable character celebration dance. But is a dance move protectable?
In today’s digital world, board games are thriving. Learn more about how game developers can protect their trademarks.
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.
Colleen's keen insights in the business community allow her to counsel clients from the beginning stages of the application to in-depth enforcement matters.
