Christmas Counterfeiting As a result of Christmas Counterfeiting, a business’s goodwill and its good cheer can go down the drain this holiday season. This Christmas, counterfeiting is an issue because many of us are purchasing holiday presents online without ever seeing the products or the sellers. Over 80% of all consumer products were purchased online Read more about How to Protect Goodwill and Good Cheer During the Holidays[…]
Strong Trademarks Creating a strong brand is an integral aspect of forming a new business. Businesses using historical trademarks help create a strong brand. A historical trademark is a brand which includes a historical term. Generally, the historical term in a historical trademark has some historical significance. A brand name which includes a famous person’s Read more about Historical Trademarks are Good for Strong Branding[…]
Based on the trademark issues when Washington decided to change their football team’s name, you should follow the following 5 steps when choosing a new trademark.
Enforcing Trademark Rights during a Pandemic In an unlikely scenario, 3M has filed a lawsuit against a reseller of N95 surgical masks to enforce its trademark rights during a pandemic. The reseller, a medical supply company selling surgical masks to NY City for use during the pandemic, was price-gouging city officials. 3M brought suit against Read more about Trademark Rights during a Pandemic[…]
Trademarking Governmental Symbols Trademark Law protects a business from unlawful competition by preventing consumer confusion. Trademarks can be a word, symbol, phrase, sound, scent, packaging or look and feel used to distinguish a particular manufacturer’s or seller’s products from the products of another. Generally, trademarks make it easier for consumers to identify the source of Read more about Trademarking Images of Uncle Sam[…]
The U.S. Supreme Court recently ruled that previously rejected trademark registrations which were refused as being immoral or scandalous violates the First Amendment.
Intellectual Property Law Update Patent Congress released a draft of proposed patent legislation to address the ongoing problem with Subject Matter Rejections, namely, 101 Rejections. The proposed new patent law proposes that patents should be awarded to: Whoever invents or discovers any useful process, machine, manufacture, or composition of matter, or any useful improvement thereof, may Read more about Intellectual Property Updates[…]
Loosing Trademark Rights Once a trademark has been established, the rights can continue indefinitely as long as the owner continues to use the mark in commerce. However, there are several common methods of losing a trademark including: Abandonment; Failing to stop others who cause confusion; Genericide Improper licensing of the rights; Improper assignment of the Read more about How to Lose Trademark Rights[…]
Whether your mark is federally registered or not, it is protected against would-be commercial exploiters. Trademark Rights Federal trademark law, specifically Section 1125 of the Lanham Act, provides valid trademark owners with a civil action against anyone who: Uses any word, term, name, symbol or device or any combination thereof, or any false designation of Read more about Registered or Not: Know Your Trademark Rights[…]
Simon Tam, lead singer of the Asian-American rock group “The Slants,” chose the derogatory term intentionally. Tam wanted to reclaim the racial slur and turn it into a name to be proud of. However, the Patent and Trademark Office (PTO) denied registration, calling the group’s mark “disparaging” under trademark law. On June 19, 2017, the Read more about SCOTUS: ‘The Slants’ Trademark Gets First Amendment Protection[…]