Category: Trademark Protection

How To's, Trademark Protection

What happens if the opposing party does not respond to discovery in a TTAB Opposition or Cancellation?

Navigating the USPTO’s Trademark Trial and Appeal Board (“TTAB”) can be a formidable challenge, especially for new practitioners before the Board. A common scenario that unfolds during these proceedings involves an opposing party—or more specifically, their attorney—engaging actively during the initial stages, only to become unresponsive as the case progresses and demands more time and resources. This behavior is not […]

How To's, Trademark Filing, Trademark Protection

The Trademark Playbook for Influencers: Safeguarding Your Brand

Content creators, or influencers, are becoming business owners with million-dollar businesses and have to learn the tenets of business, such as intellectual property. New businesses have the challenge of creating and developing successful brands, but influencers have the challenge of turning a successful brand into a well-protected and long-lasting business. One way they can protect the longevity of their brand? […]

How To's, The Basics, Trademark Protection, Trademark Protection

Trademark Battles: A Guide to Filing or Responding to a Petition to Cancel

The United States Patent and Trademark Office (USPTO) received over 545,000 trademark applications in 2022. While examining attorneys review each application carefully prior to approval, they are limited in the scope of their examination to application data only. This sometimes leads to the registration of a trademark that is too similar to existing marks. If a damaging trademark has already […]

General, How To's, The Basics, Trademark Filing, Trademark Protection

Trademark Registration for BIMI Authentication

Have you heard of BIMI? It is a security feature for emails that helps your outgoing messages avoid someone’s spam filter. To qualify for BIMI authentication, one of the requirements is that you have a trademark registered for the logo that will appear on the top left-hand corner of your outgoing messages. Having your emails blocked by spam filters isn’t […]

How To's, The Basics, Trademark Protection, Trademark Protection

What is Trade Dress and How Can It Protect Your Brand?

Three stripes on athletic clothing. Bright red bottoms on shoes. Light blue boxes for jewelry. Do these phrases invoke any particular brands? They should. The owners of these “trade dress” trademarks have poured hundreds of thousands, if not millions of dollars into the iconic designs and product markers to make them recognizable to consumers. “Trade dress” is a specific type of trademark […]

How To's, The Basics, Trademark Protection, Trademark Protection

Can You Add Goods and Services to a Trademark Registration?

Smart business owners often pivot, expand, and shift focus for their business in response to market demand, new trends, and new opportunities. If you are one of these business owners, and you own a registered trademark, you might have questions about how your existing trademark covers these new business opportunities. This article explores how and when to consider filing additional […]

How To's, Trademark Protection

How to Get a Trademark for Virtual Goods

A rapidly growing number of the world’s most dominant and iconic brands have begun to realize that while they may own trademark registrations for their existing goods or services in the traditional marketplace, they do not own similar registrations for the metaverse. As a result, there has been a remarkable increase in the number of trademark filings to cover “virtual goods” […]

General, The Basics, Trademark Protection

Another Business is Using Our Name – What Should We Do?

Your business’s intellectual property is what makes your brand unique and helps you stand out in a crowded industry. When an individual or business infringes on your mark it can have a significant impact on your brand’s success. Confused consumers could be steered away from the products or services you offer. Even worse, your brand’s reputation could be damaged, if the […]

How To's, The Basics, Trademark Protection, Trademark Protection

Starting a Business in Miami? Begin by Protecting your Trademark

Whether you are planning to open a boutique in Coconut Grove or run a food truck in Downtown, the Miami area is a great place to start a new venture. Before you begin to build your brand, however, you should consider how to protect it. The best way to do that is through trademark registration. Create a Unique Trademark Successful […]

How To's, The Basics, Trademark Protection, Trademark Protection

5 Steps to Protect Your Business in Lancaster, PA

If you are a business owner in a small town like Lancaster, you have a personal understanding of the importance of building a recognizable, long-lasting brand narrative that speaks to your consumer audience. As your business grows beyond the borders of Lancaster County, it is crucial that steps are taken to protect your name, slogan, and logo that serve as […]

How To's, Trademark Protection

How To Police and Enforce Trademark Rights

Once you obtain a trademark registration the next step is to properly monitor and enforce your trademark rights. Enforcing a trademark registration is critical to protecting your company’s reputation and goodwill. To properly enforce a trademark, you should be conducting regular internet searches, monitoring social media, and visiting brick-and-mortar stores to ensure no competitor is using the same or similar […]

Trademark Protection, Trademark Protection, Trademark Search

When to Start the Trademark Registration Process

When should you start the trademark registration process for your company, brand, or service name? The answer is, as soon as humanly possible. The number one mistake that I have seen clients make over the 11 years that I’ve run my practice is falling in love with a name and having no ability to change it. That’s because if I […]