What is the Difference Between a Trademark and a Copyright?

Intellectual Property is one of the most important assets that any business or entrepreneur has, no matter the size of their operation. It is your original thoughts and branding that distinguish your business from everything else on the market. This is why it is essential to protect your Intellectual Property. Many businesses are unsure about what they have to do to accomplish that. One of the questions we get asked Read More

What is Fair Use of Someone Else’s Trademark?

Trademarks exist to distinguish someone’s goods from someone else’s, and to allow them to market themselves knowing no one else is legally allowed to use their material. They are essential to protecting a business’s Intellectual Property. Trademarks can be a name, a logo, a motto, or even a phrase. When a trademark has successfully been registered, no one can utilize it while it is actively being used. However, there Read More

How Does a Trademark Get Abandoned?

A trademark is something that distinguishes your product from any other on the market. It can be a name, a tagline, a logo design, or even a new phrase that you came up with. Trademarks must be registered with the United States Patent and Trademark Office. Registering your trademark shows that you intend to use it. Unlike a patent, a trademark must be continually renewed to prove that you are using it and intend to Read More

5 Tips For Maintaining Your Trademark

Congratulations, you successfully registered your trademark! You had a great idea, filed all the proper paperwork to protect it with the United States Patent and Trademark Office, and got your federal trademark number. Is that the end of your journey? Not quite. A trademark is a word, design, phrase, or symbol that identifies and distinguishes something as being unique. It allows you to legally protect the special Read More

Don’t Let Your Trademark Lapse!

After all your hard work getting your trademark listed on the USPTO’s Principal Register, you have several years before you must submit more paperwork to the federal agency. Essentially, the USPTO wants proof that you continuously use your trademark in commerce after it’s registered. We’ll go over some important timelines and other information in this blog so your trademark isn’t at risk of cancellation.  Declaration Read More

3 Issues That Can Derail Your Trademark Application

One thing to know about trademark applications is that the U.S. Patent and Trademark Office (USPTO) is not lenient on trademark applicants who are not intellectual property attorneys. To be successful in your application, you must be thorough and adhere to all requirements of the application. And, to be sure, there is plenty that can go wrong with a trademark application. We’ll go over some of these common reasons in Read More

Consequences of Not Registering Your Trademark

When your business is in its very early stages, money is, understandably, extremely tight. As the founder of a startup, you are only concerned about the things that will make your business money today. Although it is very tempting to get tunnel vision and think this way, you are doing a disservice to your long-term business prospects by not considering what you need to do with your business’s intellectual property. Read More

Once You Have Obtained Trademark Protection, are there Limits to the Protection?

The answer to this question is “no;” once you have successfully submitted a trademark application and received protection from the U.S. Patent and Trademark Office (USPTO), your mark does not have unlimited rights. This blog will explore a couple of the limitations of trademark protection in the U.S.  What is Eligible for Trademark Protection? Initially, let’s review what exactly can be trademarked in the U.S. The Read More

An Overview of the Supplemental Register

The USPTO maintains two lists for trademark registrations: the supplemental register and the principal register. As their names suggest, the principal register is the upper tier of trademark registration and offers more protections than marks listed on the supplemental register. Arguably the most attractive part of being on the principal register is being the presumptive owner of a trademark in all 50 states. Without Read More

Do I Need a Trademark Lawyer? Yes!

With the proliferation of do-it-yourself legal services out there (provided by companies like LegalZoom), it can be especially tempting to use these for seemingly simple legal actions. Entrepreneurs, especially those managing early-stage startup companies, are looking for any way to cut down on costs. This leads many to file trademark applications on their own, without the help of an attorney.  While the U.S. Patent Read More