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...
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...
Youtube Trademark

YouTube To YourMark: Applying Trademark Protection to YouTube Channels

  With the growth of crowd sourced and  alternative media, the importance of protecting one’s creative outlet is likewise of growing concern. Just ask PewDiePie,...

Trademark Infringement

Merely possessing a trademark is not always enough for you to thwart copycats from exploiting your brand. There may still be those that attempt...

How IP Helps Your Business

    Once you have filed your patents, trademarks and copyrights you are attaining and acquiring exclusive rights to your unique ideas. In other words, you...

5 Things To Consider When Registering Your Trademark

So you think you have a great idea for a business name and logo and are ready to file a trademark. Consider the following...
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...

The Trademark Timeline (info graphic)

Didn't I file a trademark about six months ago?  Did that trademark become registered? Why haven't I heard from my lawyer? Well, there's good news....
IP university part 2

Monetizing Intellectual Property at Universities- Part 2

(READ Post 1 HERE) Patents, Trade Secrets and Open Licenses The traditional model, of universities assuming ownership over patentable technology created under their policies, and then licensing...

What Are the Different Types of Intellectual Property?

First lets start off with what exactly is intellectual property? IP is the protection of creations of the mind in the same manner that...

Did You Know? You Can Trademark More Than Just a Logo, Name or Slogan

Trademarks are meant to protect and distinguish your brand's unique identity. So if you think about it, it really makes sense that there are...
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”...
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...

What is Intellectual Property Law?

What is it?  Intellectual property law or (IP law for short) is the act of attaining and maintaining your legal rights to your inventions, designs...

What You Need To Know About Trademark ID’s

As a trademark attorney, one of the most common misunderstandings that I see among my clients, is the confusion between Classes and ID’s. Very...

Trademarks, Signaling, and Innovation

13-year old Rachel Zietz was a skilled lacrosse player who became frustrated after spending hundreds of dollars on lacrosse equipment that was of low...
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 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...
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...
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...
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...

Trademarks after Tam: A Rise in Offensive Filings and the Washington Redskins

Four weeks ago, the Supreme Court ruling in Matal v. Tam answered a decades long question that has captivated the attention of the media, businessman, sports fans, and legal theorists alike: the team name...

Filing Your Trademark Internationally

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

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...
wrigley gum

Trademark Infringement: Wrigley sues E-cig Firm Over Famous Chewing Gum Products

On July 13, 2017, Chicago-based chewing gum company W.M. Wrigley Jr. Company filed a trademark infringement lawsuit against Chi-Town Vapers LLC, another Chicago based...
International Trademark Protection

6 Reasons You Need International Trademark Protection

Today, many businesses are global or have the potential to be. With the click of a mouse, your product can sail over seas or fly across...
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...
Proof of Use

Proof of Use and USPTO Federal Trademark Registration

Individuals and business are constantly attempting to register their brands with the United States Patent and Trademark Office (USPTO). The trademarking process is often...
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...
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...

An Entrepreneur’s Checklist – Filing Your Own Trademark

If you are reading this, you probably have already asked yourself, “Do I really need a trademark lawyer to file a trademark application?” Well,...
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)...
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...

7 Tips On How To Create A Strong Trademark

A brand name will help you stand out from the competition but ask yourself this: "Will my brand name stand through the trademark registration...

What Happens if soemeone registers MY trademark in a foreign country

This is not good news. The othe one claiming name to your brand could strom you disturution , manufacturing and other activity in the...

Monetizing Intellectual Property at Universities – Part 1

Historically, universities have been expected to conduct research, publish their results, and make their data and findings accessible to the public. However, with universities...
Velcro

It’s Hook and Loop, Not Velcro!: A Discussion of Trademark Genercide

You may have noticed the video “Don’t Say Velcro” trending on your social media platforms this week. The video, produced by Velcro® Brand’s legal...
amazon-rings-2

Can Amazon Trademark Alexa’s Blue Rings?: PART 2

Part-2 Functionality and why trademark, why not patent? Functionality contd.. In my previous article, I discussed how a mark/color/feature cannot attain a trademark registration if the...