Should a Holding Company Own My Trademark?
In some cases, a holding company may be beneficial to a trademark owner. But is a holding company right for you? Find out more about the purpose of holding companies in this article.
How to Stop Counterfeits at the Border: Recording Your Trademark with Customs and Border Protection
The U.S. Customs and Border Protection division of the Department of Homeland Security has a program that allows U.S. trademark registration owners to provide information and training to border agents to identify and stop counterfeit goods from entering the country. Are you protected?
How to Register a Swedish Trademark in the United States
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.
Five Tips for International Trademark Owners Filing a Trademark in the U.S.
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.
How to Properly Assign a Trademark to a New Business Entity
Transferring the ownership of a trademark can be complicated and an incorrect assignment can be fatal to a trademark registration.
Transferring a Trademark From a Personal Name to a Corporation or LLC
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.
Is This Trademark Infringement? ‘Millionaire Reader’ Case Shows Limits to Trademark Law
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.
Meeting the “Use in Commerce” Requirement for a Cloud-Based Software Trademark
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.
How to Meet the “Commercial Use” Requirement For an App Trademark
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.
Supreme Court: Ban on Disparaging Trademarks is Unconstitutional
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" [...]
