Category: General

General

My Trademark Application was “Approved for Publication” – What’s Next?

Before a trademark application is registered, it goes through a rigorous examination process by a government attorney. Once the government attorney approves the trademark application, it is “published for opposition.” While it sounds scary, the “publication period” or “opposition period” is a part of every trademark application process. A mark that has been “Approved for Publication” means that the examining attorney […]

General, Patents, The Basics

How Much Does it Cost to Obtain a Patent?

As an inventor and entrepreneur, you likely understand the value of protecting your intellectual property. After investing substantial time, energy and finances on research and development of your product, however, you may be concerned about how much a patent will cost, despite the valuable protections it provides. While a variety of factors, including the type of patent, the size of your […]

General, Government, In The News

The Proposed 2023 SHOP-SAFE ACT Provides Framework for Holding Online Marketplaces Accountable

E-commerce platforms like Amazon and Walmart provide consumers with fast access to millions of products, sometimes within days or hours of ordering. However, despite what many consumers might believe, Amazon and Walmart do not sell most of the items being sold on their respective websites. Instead, third-party sellers use Amazon and Walmart’s programs (such as “Fulfilled by Amazon”) to store […]

General

Steps to Trademark Registration for Miami Businesses

Your business is growing–online orders are being placed like never before, your storefront has a line around the corner, and the inquiries are pouring in. One of the best ways to encourage this growth and protect the company you have built is by registering the most prominent parts of your brand–your business name, logo, and even slogan–as a federal trademark. […]

General

Beyond the Visual: The World of Sound Trademarks

Trademark law has all kinds of interesting nooks and crannies that go further than the traditional word and design marks that are most commonly seen; beyond the letters and logos are sound marks, which capture a distinctive intonation within a registration. These rare marks are not often filed–in fact, only about fifty sound applications were submitted in the entirety of […]

Digital, General, In The News

Comprehensive List of NFT Trademark Filings

Non-fungible tokens (NFTs) are rising in popularity. This has lead to an increase in the number of trademark filings around NFT brands at the USPTO. NFTs represent unique digital items such as digital art, audio, video, and other creative works that can be purchased using blockchain technology. Entities who have filed trademark applications for NFTs include: Mattel Inc, Luka99 Inc (Dallas […]

General, In The News, Sports

NCAA Seeks Cancellation of “VASECTOMY MAYHEM” Trademark

The NCAA has filed a Petition for Cancellation against the trademark owned by a Virginia Urology practice for “VASECTOMY MAYHEM.” The registration was issued in September 2020 for vasectomy services. Now, what does the NCAA have to do with vasectomies? According to the cancellation petition, the NCAA alleged Virginia Urology started off by using “Vasectomy Madness” to promote its services […]

Food & Beverage, General, In The News, Pop Culture

Slaying the Monster: How a Minor League Hockey Team Beat Monster Energy and Registered Their ‘Cleveland Monster’ Trademarks

Monster Energy is known to have a significant trademark enforcement program around its ‘MONSTER’ trademark and associated logos. In one notable case, Monster Energy ignited a six-year long trademark dispute with the Toronto Raptors by opposing the team’s trademark applications for a “claw-tearing-through-basketball” logo. The concern about Monster Energy’s trademark enforcement tactics is that they can be focused on small businesses, […]

General, Industries

How to Protect Your Food Truck’s Trademark

Food trucks seem to be on every corner, and the outdoor, mobile nature of the services makes it an ideal way to launch a new concept for food and drink. The food truck industry is experiencing exponential growth, with an estimated 26,000+ food truck companies in the United States. With COVID-19 pandemic-related social distance and maximum occupancy restrictions, mobile food […]

General, Medical, Trademark Protection

Combating Counterfeits Through Strategic Trademark Filings

In late 2020, pharmaceutical and biotechnology company Moderna applied to register a simple design used on the packaging for its COVID-19 vaccine with the USPTO. My first reaction as a trademark attorney: Why would you apply for that? The mark is not highly distinctive and would not add much over existing registrations for MODERNA. Then I remembered: Counterfeits. One of […]

General

Law Firm Donations to Republicans Who Objected to the Electoral College Count

Following the January 6 riot on Capitol Hill, many Republican members of Congress still proceeded with objecting to the 2020 electoral college count. The actions taken by these members of Congress clearly threatened the United States’ sacred tradition of a peaceful transfer of power. In response, many companies have agreed to cease future political donations to these politicians. According to OpenSecrets.org, […]

General, In The News, Sports

NFL Opposes XFL’s Trademark for Houston Roughnecks Logo

The NFL, which still owns trademark rights around the Houston Oilers trademarks, has filed an opposition against the XFL’s trademark application for the Houston Roughnecks logo. In the documents filed on December 28, the NFL contends that the Roughnecks logo is too similar to that of the former Houston Oilers team. The Houston Oilers Logo vs. The Houston Roughnecks Logo […]