Posts in Trademark Basics


Advising a Department Store on Its Brand Strategy? Get Creative or Go the Way of Barneys

Whenever I wanted my grandmother to reveal a deep secret—such as what I was getting for my birthday—she would reply by asking, “Does Gimbels tell …
By Alan Behr
2 months ago 0

Supreme Court ‘FUCT’ Case Ends With a Bang: Ban on ‘Immoral or Scandalous’ Marks Fails First Amendment Scrutiny

The Lanham Act’s ban on federal registration of “immoral or scandalous” trademarks is unconstitutional under the First Amendment.  So held the United States Supreme Court on …

How to Keep Your Trademarks Forever

Trademarks must be continuously used to be enforceable. If you stop using them, they are lost. This also means you should have evidence to prove use of …
By William Honaker
8 months ago 0

Examining Recent USPTO Programs to Improve the Trademark Register

While all eyes are on China and how it plans to tackle bad faith infringers, the United States Patent and Trademark Office (USPTO) also is cleaning house, …

Taking on on Trademark Trolls and Frivolous Marks, Trademark Watch Dawgs Wades Into Divisive Waters

While readers of this website will be well aware of the damaging impact of “patent troll” rhetoric that has reached the highest levels of American political discourse, …
By Steve Brachmann
9 months ago 3

Tips for Protecting Cannabis Trademarks

In most industries, federal trademark registration is seen as an attractive form of protection, because federal registration converts what would normally be localized common law trademark rights …
By James Monagle
11 months ago 0

Protecting Your Brand Portfolio: Four Steps for a Proper Trademark Audit

A trademark audit is a review of a brand owner’s current trademark portfolio to ensure that the brand owner’s trademark usage and trademark holdings are …
By Alice Denenberg
1 year ago 0

5 Mistakes Businesses Make with Trademarks and Brands

Although running an early-stage startup is exhilarating, do not let your brand name protection be swallowed up by all the excitement. Neglecting to properly secure a trademark …
By Roderick O'Dorisio
1 year ago 0

Tips For Safeguarding Your Concept, While Making Your Mark on the Wellness Industry

Consumers driving the Wellness industry seek more than just a clothing company, a new workout, or a healthy alternative to the standard lunchtime sandwich – they value brand …
By Emma Green
2 years ago 0

Selecting a Business Name in a Social Media Crazy World

Your business name is how people will identify with your goods and services, so you want to have one identity that is all your own. Simple enough …
By Gene Quinn
2 years ago 0

State vs. Federal Trademarks, Which is Right for Your Business?

Not all trademarks are created equal. While every state allows you to obtain a trademark registration, a federal trademark registration provides the greatest rights. This is because …
By Gene Quinn
2 years ago 1

Selecting the Right Trademark for Your Business

From a legal standpoint, a trademark that has no relation to the product or services offered will be the strongest type of mark. For example, trademarks such …
By Gene Quinn
2 years ago 2

The Trademark Management Process: Getting it Right in Challenging Times

The trademark landscape is evolving rapidly, with both brand owners and trademark professionals trying to keep up. The changes are mostly driven by the steep rise in …
By Eva-Maria Strobel
2 years ago 1

A TWIST in the tale: Not your typical cola war

This case was not your typical “cola war”, but rather involved TWIST, the well-known carbonated beverage brand which has been available in South Africa since the 1970s (…
By Kelly Thompson
2 years ago 0

Trademark a Band Name: What’s in a Rock Band’s Name?

While it is possible to copyright the design of a band logo, the band name itself is not copyrightable (see here and here). Band names are protectable …
By Amanda G. Ciccatelli
2 years ago 0