file

Not Just For File Cabinets and Desk Drawers: The Importance of Organizational Skills

Many new business owners are so focused on honing their services, obtaining financing, and expanding their clientele that they forsake the importance of recording...
Trademark Disclaimers

Trademark Disclaimers Part II: Why Should I Be Concerned About a Disclaimer?

What if you hyphenate the words? A mere hyphen would not dilute the descriptive nature of the words. The USPTO analysis would then be:...
Trademark Disclaimer

Trademark Disclaimers Part I: What is a Disclaimer?

Disclaimers are an inherent part of the trademark registration process. So what are “disclaimers”? According to the USPTO, a disclaimer is when the applicant...
Slur

Of Slurs and Square Roosters: The Strange World of Section 2(a) Refusals

What do an Asian-American rock band and a professional football team from Washington D.C. have in common? Both lost, or were refused, trademark registrations...

A House Divided: Joint Trademark Ownership and (all of) You

Exactly who should own a trademark is almost a metaphysical question. A statutorily vital function of a trademark is to identify "the" source of...

USE IN COMMERCE — WHAT DOES IT MEAN?

You’re ready to file your trademark application with the USPTO, but you’re asked to provide the date that you first used your mark “in...

How To Create a Strong Trademark

Fanciful Arbitrary Suggestive Descriptive Generic   HOW TO CREATE A STRONG TRADEMARK? Not all marks are perceived in the same manner. There’s a spectrum on which trademarks are usually judged. These...
Help make america great

Announcement: New Manufacturing Feature on Trademarkia

LegalForce Trademarkia now helps small businesses design their products and take them to market!  For just $199, we will help you get bids from our network...
how to register a trademarkvideo

How to get a Registered U.S. Trademark through Trademarkia.com

Watch this short animation on how the trademark process work when a trademark is filed through LegalForce Trademarkia!   The video explains the different steps...
March Madness

Marching Towards Madness (and Away From TM Liability)

It's the most wonderful time of the year! For many Americans, the month of March is synonymous with kites or St. Patrick's Day or flowers...
LLC

Don’t Pierce Me Bro:  How To Preserve Your Limited Liability Protection

“Piercing seems to happen freakishly. Like lightning, it is rare, severe, and unprincipled.” -Frank H. Easterbrook & Daniel R. Fischel, Limited Liability and the Corporation,...
Who should own my trademark

Who Should Own My Trademark?

The worst mistake you can make in filing your trademark application may be to list yourself as the owner! Under Section  1201.02 (b)  of the...
Common Law Trademark

What are Common Law Trademark Rights?

  If I do not want to formally apply to have my brand name registered with the USPTO (United States Patent and Trademark Office), can...
Agreement

Agreements between Founders

Not all businesses are started with just one person. Oftentimes, a group of friends or colleagues will start a business together, with each person...
trademark application

6 Tips: What To Do After Filing a Trademark Application

Start using your trademark (if you haven’t already). A trademark protects you when you continually use it, and can demonstrate that you have...
strategy

Creating Your Own IP Strategy

As your business grows and your brand becomes more recognizable, it’s important to protect your intellectual property and come up with a strategy for...
trade secret

Protecting IP Through Trade Secrets

A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information that is not generally known or reasonably...
How To File A Trademark

How To File A Trademark – Step By Step

If you are reading this, you are probably have asked yourself all ready, "Do I really need a trademark lawyer to file a trademark...
incorporate

Why Incorporate?

Why should I choose to incorporate my business? 1. Protect your personal assets. By forming a corporation, you separate your personal assets from the company, and are...
business

Velvet Veil or Iron Curtain? Picking the Right Limited Liability Entity

  Most startups and small business owners have some inkling of the fact the very next step after forming an idea, is forming a business....
Design Patent

Protecting Growth with Design Patents

Design patents protect the unique ornamental designs of the functional aspects of your product. Ornamental designs may include perceivable designs such as a unique...
trademark r

10 Reasons Why Trademarks Are Important for Any Brand

Federal Trademark registration is very important and should definitely not be overlooked by any brand.   A trademark’s main purpose is to identity the origin of...
Starting Your Startup

Starting Your Startup

As both an attorney and entrepreneur, I have personally experienced the common struggles of the brave, new business owner of the 21st century. Through...
Vegas Golden Knights

Vegas Golden Knights: Name Update

“Viva Las Hockey!”   Didn’t Elvis say that? In June 2016,  Las Vegas was awarded its first professional sports team--hockey.   The National Hockey League (NHL)...
intellectual property international

Does Your Brand Need International Protection?

As your business grows, it’s important to evaluate whether or not your brand extends beyond the country in which you are located as trademarks...
Trademark Opposition

“Hey, you can’t do that!”: A Guide to Trademark Oppositions

You file your trademark application, and wait with baited breath for 12-16 weeks to hear from the USPTO examiners.  Your application passes the official...
do i need patent

Do I need a Patent?

Ever since I was little, one of my favorite things to do has been asking “Why?”  Some people say this makes me persnickety –...
Google Adwords Infringement

Google AdWords and Trademark Infringement

In the previous blog post by my colleague, Alexander Scalia, we were introduced to Google AdWords, and how they can help you establish branding...
Google Adword Trademark

Google AdWords and Commercial Use under the Trademark Act

Before a trademark can be registered with the USPTO, it must be used in commerce.  The Lanham Act defines the term “use in commerce”...
Design protection.

How Do I Protect my Design? (Part 2)

So what if I think I qualify for more than one protection? Can I have two (or more) intellectual property protections for the same...
protect my design

How Do I Protect my Design? (Part 1)

So I have a design I want to protect – say it is the design for a dress, the style of the dress, or...
intellectual property goals

10 Intellectual Property Goals For the New Year

The start of a new year means it’s time to prepare a list of business goals to accomplish this year.  This year every business...
New Years Resolution

New Years Resolution: Trademark Audit

The start of a New Year is a time where many of us are setting goals and plans for the upcoming year, both on...

Year-End Checklist

In the last dwindling days of December, it's not just Santa who should be making a list and checking it twice. The end of the...
assassins creed movie

Flying With Altaïr: Getting Your Gaming Startup Off the Ground

December 20th sees the release of the Assassin’s Creed film; the first motion picture in a media franchise that began with a video game...
Harry Potter Star Wars

Copyright Law and Fanfiction…Not Always OTP: Legal Issues with Fanfiction

Do the words “fic” or  “fannish” mean anything to you?  If they do there are pretty good chances you are familiar with fanfiction.  Maybe...
how to choose a trademark

How to Choose a Trademark

Choosing a brand name is an exciting time for any business.   As much as it is fun, it is a very important business decision...
how to trademark a tshirt slogan, how to trademark a t-shirt slogan, t-shirt trademark, trademark tshirt

How To Trademark a T-shirt Slogan

Check out Heather A. Sapp's, Senior Trademark Attorney at LegalForce RAPC, guest post on MerchInformer.   She has created a step by step guide...

Copyright Zombies

This article was originally published at The Ruby-Slippered Sisterhood blog in 2013, titled "Copyright Graveyard." It is being reprinted today with permission from the...
Trademark a Color

Color Marks: A How-To and Why-To Guide

In keeping with our colorful theme this week, we thought we’d discuss a color that is more conventionally associated with Halloween -- orange! In an...