Protecting the name of your band or musical acts name can help prevent confusion and can make marketing easier in the crowded music space. However, there are certain ways that musician trademarks differ from a typical trademark, especially in the requirements for registering a trademark for musical recordings with the United States Patent and Trademark Office (the USPTO.) Should I […]
It’s no secret that trademark registration takes time – the average application will take at least nine months to register with the United States Patent and Trademark Office. This wait is especially long when you are an Amazon seller hoping to take advantage of the new Amazon Brand Registry program that requires a U.S. trademark registration. However, while you wait, […]
It’s college football time again! You may be thinking, “what could college football have in common with trademark law?” Well, whenever a fan sees that colleges name and logo on a helmet or every time a fan buys a t-shirt, hat, Pop-Tarts, pacifiers and, yes, even urns and caskets, the importance and value of that college’s trademarks are on full display. […]
As of November 2020, Amazon has loosened its requirements for getting onto the Amazon Brand Registry. Instead of requiring sellers to have a federal trademark registration, Amazon only requires a federal trademark application to have been filed on a brand name in order to qualify for the Amazon Brand Registry (for some sellers.) Because of its popularity, trademark infringers, product […]
Protecting your brand is one of the top priorities when starting a business or launching a new product or service. You have likely heard that hiring a trademark attorney can, according to one study, increase your chances of successfully registering your trademark with the United States Patent and Trademark Office. However, when you go to look for an attorney, there […]
This is a potential threat alert. If you have received an email about intellectual property disputes regarding your domain name, you may be the target of a malicious e-mail. Our office has received several e-mails from multiple client’s in the past 24-48 hours which look as follows: We have received Trademark infringement complaints regarding your domain xyz.com Please review attached […]
This article deals with domain name registration and “use in commerce” requirements, generally. It is not legal advice on your individual situation and may not be relied on as legal advice. Each situation will be fact-specific and there is no one-size-fits-all advice. Contact an attorney to discuss your specific trademark. In today’s digital age, most prospective business owners want an easy-to-remember-domain […]
Genericide. The death of a trademark. It may sound dramatic and for a trademark owner, it is. It means that the trademark owner’s once strong and powerful trademark is now available for everyone to use. In the trademark law context, genericide, or the conversion of a trademark into a generic phrase, occurs when a trademark becomes the generic word for the […]
On June 23, 2016, the United Kingdom voted on a public referendum to leave the European Union. This referendum, known as “Brexit” (a combination of Britain & Exit) and has put the future of British trade with other European Union members in a state of turmoil. However, its effects could reach far outside of Europe, as U.S.-based businesses try to […]
Last week, the attorneys and staff at Gerben IP celebrated Father’s Day with their families. Now, being trademark attorneys, they found some time to reflect on some dad-related intellectual property disputes. Superman v. Super…dad? Your dad may be capable of some superhuman feats but D.C. Comics doesn’t want your dad getting confused with the real deal. A t-shirt company Mad Engine, […]
In a decision that will have a huge impact on the United States trademark system, the Supreme Court held that the federal law (the Lanham Act) which allows the USPTO to refuse to register “disparaging” trademarks violated the First Amendment and was unconstitutional. Simon Tam, the front man for the Asian-American rock band “The Slants” filed a trademark application with the […]
Trademark protection is essential for physical therapists and their practices. By effectively securing trademark rights, including a federal trademark registration with the United States Patent and Trademark Office, physical therapists protect one of their most valuable assets – their brand. Protect Your Trademark Rights Work with an experienced attorney to protect one of your company’s most valuable assets. Gerben IP has […]