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...
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...
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...
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...
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...
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...
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...
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)...
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...
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...
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...
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...

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...
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...

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,...

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...

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...

How To Develop Your IP Strategy

As your business grows and your brand becomes more recognizable, it’s important to come up with a strategy on how to best protect your...

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....

5 Reasons Why Trademarks Are A Must

  Think about how many laundry services are called "Laundry." If you are like me, one pressed shirt is as good as the next so why...