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

How to Protect Product Packaging using Copyrights, Design Patents, and Trade Dress

Many business owners know that names, slogans, and logo can act as trademarks and can give the owner exclusive rights to use that phrase in connection with their products and services. But how can business owners protect the design and look of their product or product packaging to stop competitors from making similar packaging? Protecting the “look and feel” of a […]

The Basics

IN HOUSE COUNSEL – Are you paying too much for trademark services?

Many in-house attorneys overpay outside counsel for trademark services. I have spent the last ten years winning client work from firms that overbill and watching opposing counsel fleece their corporate clients. So how are in-house counsel overspending for trademark services? Here are the top three areas where most “traditional” law firms are overbilling: 1. The trademark search Most law firms do […]

The Basics, Trademark Ownership

Should a Holding Company Own My Trademark?

Typically, the company that creates the trademark and applies it to their products or services is the company that owns the trademark and any resulting trademark registrations. If the ABC Company starts selling a new gadget it created and manufactured called the PsySpinner, then the ABC Company would be the likely owner of the PsySpinner trademark. However, for a number of […]

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

Protecting the Brands of Video, TV and Movie Production Companies

Production companies for television and movies often use short animations to represent their companies. These are typically called production logos or vanity cards. Many of the production logos have become instantly recognizable. Whether it’s Disney’s animation of a star slowly arching over the Disney castle as “When You Wish Upon a Star” plays, or the iconic roaring of a live […]

How To's, The Basics

How to Use, Maintain, and Protect a Trademark Registration

Once you have completed the process of applying for and being granted a trademark registration with the U.S. Patent and Trademark Office (USPTO), a trademark owners’ responsibilities are not over. Requirements exist for keeping your trademark registration valid once the registration has been issued by the U.S. government. There are several important things to remember to properly use, maintain, and […]

In The News, Pop Culture, The Basics, Trademark Ownership

Who Owns L.A.? Why L.A. Gear’s Campaign to Monopolize the “L.A.” Trademark Will Likely Fail

L.A. Gear, the shoe brand most well-known for its introduction of lights embedded in the soles of its sneaker, has been very busy over the years at the U.S. Patent and Trademark Office (USPTO). While the brand does not enjoy the pop-culture status it once had in the 80’s, its continued robust trademark enforcement campaign has raised eyebrows. Recently, L.A. Gear […]

General, Trademark Search

How to Conduct a Trademark Search

On a daily basis our firm receives calls from potential clients who are under the impression that their desired trademark is clear because they ran a trademark search on the government’s site (www.USPTO.gov) and no results were returned. As we will see in a moment, just because there is no exact hit for a desired trademark, does not guarantee that […]

The Basics

What is a Notice of Suspension Due to Prior Pending Trademark Application?

Here is a likely scenario: Your company has been around for 7-8 years, but never got around to registering your company’s brand name with the USPTO. Recently, you have had concerns about potential infringers and counterfeiters, and decided to registered your trademark. Your attorney performs a search and you find very similar trademark registered to a company that applied for […]

How To's, The Basics

How to Properly Assign a Trademark to a New Business Entity

NEED TRANSFER OWNERSHIP OF A TRADEMARK? Trademark ownership transfers are complicated – contact us today. Contact Us! Many companies will make changes to their corporate structure, which may include incorporating in a state that has favorable tax or legal benefits. If you own a business and have registered your trademarks with the United States Patent and Trademark Office (USPTO), make […]

The Basics, Trademark Protection

Domain Name and UDRP Disputes – A Definitive Guide

Domain names are a business investment – they can drive traffic to your business, cost you thousands of dollars, and are very important to defend. So how do you protect them? You can take some proactive measures to police infringement on your domain names, but you can also stop infringers through processes like Uniform Domain-Name Dispute Resolution Policy Proceedings (“UDRP”). […]

The Basics, Trademark Ownership

Transferring a Trademark From a Personal Name to a Corporation or LLC

Many new entrepreneurs have a great idea for a business and jump right into it before setting up a business entity like a limited liability company or a corporation. This may include entering into some initial contracts, making deals, and even applying to register a trademark. In fact, in 2017, 19% of all trademark applications filed with the USPTO were filed […]

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