In my 15+ years of practicing law, I’ve run into a myriad of common client misconceptions regarding trademarks and trademark law. This is understandable, as trademark law can be incredibly nuanced and complicated. In this article, I will break down the 16 most common trademark misconceptions I’ve heard and offer some insight into each myth. 1. A trademark registration means […]
In the dynamic landscape of business, where quick thinking is often the key to success, a significant roadblock has emerged that is testing the resilience of entrepreneurs – the extended wait time for the USPTO to examine trademark applications. This challenge has far-reaching implications and makes it difficult for businesses to make informed decisions, plan effective branding strategies, and navigate […]
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 […]
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 […]
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 […]
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 […]
The USPTO has recently announced that starting on December 3, 2022, trademark applicants will now only have 3-months to respond to an Office action. This is now half the time of the current 6-month period. This now creates an urgency among trademark applicants to respond quicker to Office actions, as they only have a few months to respond (as opposed to […]
A recent study found that companies who file the most trademarks become more valuable than their peers. Specifically, the study found that the stock performance of companies filing the most trademarks each year (relative to their total assets), had stocks that performed better in the next 12 months than companies that were not as active with new trademark filings. I promise […]
If innovation is the lifeblood of your business, then success may depend on creating products, processes, and technologies that will fuel your company’s growth. But, innovation is only the beginning. You also face the task of protecting your inventions for years to come. A well-constructed, legally-solid patent is the most essential part of that process. What is a patent, and why […]
You work hard to protect your company’s image through unique naming, branding, imagery, and other intellectual property. A carefully planned trademarking strategy can protect you from competitors who may want to infringe on a name or other elements of your brand – often before you’re aware that it’s happening. Let’s take a look at how trademarking provides the strongest line of […]
While you may be an inventor coming up with innovative ideas for products or systems, navigating the process of obtaining a patent for those ideas could be treacherous territory and a lengthy process. According to the United States Patent and Trademark Office (USPTO), it takes about 22 months to acquire a patent and with the help of an experienced patent attorney, […]
Registering a trademark is a simple process if you know the steps to take, however, without any idea of where to start the process can be intimidating. You can register a trademark by identifying your unique name and applicable class, filing a successful application with the United States Patent and Trademark Office (USPTO), and maintaining it afterwards. What is a Trademark? […]