Amazon rings 1

Can Amazon Trademark Alexa’s blue rings?: PART 1

Part-1- The USPTO Application analysis Almost three years back, in the year 2014, Amazon Technologies Inc. (Amazon) introduced Amazon Echo, popularly known as Echo. Echo...
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...
trademark_color

2017: The Year of Colors in Trademark Law

Trademarking a color might seem unusual but it's not impossible. The main function of a trademark is that it helps in identifying a source...

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...
ADR

Alternate Dispute Resolution and Intellectual Property

Globalization has been the key factor of development in the 21st Century.  The idea of the world being one “Global Village” has helped almost...
protect intellectual property

It’s Time to Protect Your IP From Your Own People

When an insider by the use of technology, steals the proprietary information from the company it is said to be an insider’s theft. One...
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...

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...

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...
Brand Theft

6 Tips: Responding to Brand Theft

As an entrepreneur, you have worked hard to carefully build your reputation. However, imagine that one day you are surprised by that customer that...
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...

What’s So Fair About Fair Use?

This article was originally published at The Ruby-Slippered Sisterhood blog in 2012. It is being reprinted today with permission from the author, Amanda Brice, who...
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,...
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...