When filing a trademark application, there may be new terms and legal jargon that pop up that are not familiar to you. One of these phrases might be “trademark priority”—what exactly does it mean, and how does it affect your trademark rights? Trademark priority examines how long the trademark has been actively used in commerce and can help to determine if […]
Just like any other kind of property, intellectual property is able to be bought and sold. Unlike physical property, however, there is an added complexity to IP transactions that coincides with the transfer of the intangible value that it possesses. The price tag set on your trademarks, copyrights, or patents is determined by numerous factors, such as market- and cost-based estimates, […]
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 […]
The primary motivation for seeking a trademark registration is often the protection that it can provide, typically in order to prevent infringement upon the registered mark. Regardless of the circumstances, dealing with trademark infringement when it does occur can be a daunting task. So, what should you do if another party is using your trademark? Fully evaluate the situation, put […]
When discussing the trademarks, copyrights, and patents that may be needed for your business endeavors, the phrase “intellectual property” may also accompany these conversations. As you look to safeguard the brand you have built, it is critical to know how intellectual property law applies to your company. At its core, intellectual property law seeks to preserve the rights that creatives and […]
For any growing company, pursuing business ventures outside of their home country is a natural progression of their expansion. Once your business has begun to consider commerce across borders—or, perhaps, has already started investing in international pursuits—it is time to consider what protections are in place for the business name and branding elements that are working so diligently for you […]
Your logo is one of the most distinctive and significant parts of your business’s branding—visually appealing and eye-catching, a standout logo often acts as a key identifier for the product or service it represents. Because of this, goodwill toward your business and its offerings are associated with that logo. As a business owner in Philly, you are sure to understand […]
As you research and explore the trademark registration process and how it applies to your business, questions are sure to arise. While there are many helpful articles that articulate each step necessary to achieving a trademark registration, it is just as important to understand what should be trademarked as it is to know what can be trademarked. If you are […]
Your business’s name will be at the forefront of everything that you do, so it is crucial that every necessary precaution is taken to protect such an important aspect of your brand. As you grow and expand, make sure to take all the steps needed to protect your business name and all it represents. Perform a trademark search A federal trademark […]
For many inventors, a patent is one of the most worthwhile investments one can make, as they can often provide different layers of protection for those seeking exclusive rights to their inventions and products. Without a patent, a competitor may be able to make and profit from your product or invention. To prevent this and to protect your inventions, patents are […]
If you receive a cease and desist letter in the mail, it means that another company or individual believes you are infringing on their trademark, regardless of whether or not the allegations are true. While a notice of trademark infringement can be unsettling, it’s important not to panic or take immediate action. This article goes over the appropriate ways to […]
Copyright protection gives creators (whether individuals or companies) the ability to stop others from (among other things) reproducing the creator’s content without permission. In a digital world where anything can be reproduced, stolen, and sold with only a few clicks, it is essential that creators protect their copyrights. We will go into more detail below, but to start, here are a […]