If you are an in-house counsel and you’re hiring outside counsel for trademark services, there’s an extremely high chance you’re overpaying for those services. There are two main ways that large law firms typically overcharge for trademark services. The first is during the trademark search process, and the second is when filing the application. 1. Large law firms overcharge during […]
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 be particularly unexpected to trademark […]
The biggest question that most business owners have before engaging a trademark attorney is simple: “How much will it cost?” Budgets tend to be the most influential factor in many brand owners’ business decisions. This is especially true for owners of newer or smaller brands. Brand owners often assume that hiring a trademark attorney is out of the question, so […]
We often get phone calls from prospective clients that tell us they’ve already done a trademark search online and are just looking for help with their application. As someone who has done thousands of trademark searches, has experimented with various online search softwares, and has paid artificial intelligence software companies to test their programs, the one thing I can tell […]
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 to the shape of products. One April […]
For many inventors, a patent is one of the most worthwhile investments one can make—the patent laws ensure that anyone who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor.” Without a patent, an opposing or competing party may be able to make and […]
The XFL has made new trademark filings on potential team names for the new Seattle team that’s going to be part of the relaunch of the XFL. There are filings for Seattle Wild, Seattle Force, Seattle Fury, Seattle Dragons, and Seattle Surge. So, overall, the XFL has filed for five trademarks, which all contain the same language for different goods […]
The Toronto Raptors do not own a federal trademark registration for the team’s “claw on a basketball” logo. Our story starts in 2014 when the Raptors redesigned their logo to what it is today (with Canadian rapper Drake having an important consulting role). The Raptors filed 18 trademark applications around the new logo. Then, in May of 2015, Monster Energy […]
When we run a comprehensive trademark search for you, our attorneys provide a risk analysis report based on federal, state and common law levels. This article provides an overview of what each trademark search covers, as well as the meaning of the risk analysis our attorneys have provided. Federal Trademark Searches Federal trademark registrations are perhaps the most important search […]
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 licensing agreement? A recent ruling issued […]
If you are watching the NBA playoffs you probably have seen all the ‘JIMMY BUCKETS’ signs popping up around the Wells Fargo Center. This leads to the question: “Has Jimmy Butler registered his Jimmy Buckets trademark?” And the answer is that Jimmy Butler has filed seven trademark applications for Jimmy Buckets, but none of them have matured into a registration. […]
[This video and post is an Episode of the Josh Gerben Show. The show, available on YouTube, is a show about the business of running and operating a law practice. It is not legal advice.] To be a good lawyer, it is essential that you become a good salesperson. All the attorneys that we look up to in our firms […]