Trademarks

Selecting a trademark is a critical business decision. Companies often grapple with how to name their product or service in a way that attracts customers but also qualifies for trademark protection. One common approach is to[...]

The United States trademark landscape is evolving rapidly, with record trademark application volumes and new challenges reshaping strategy. Business owners, entrepreneurs, and online sellers face a crowded field of brands and changing rules at the United[...]

A trademark cease and desist letter is a formal notification sent to an individual or entity that is suspected of using a trademark in a manner that could infringe on the rights of the trademark holder.[...]

Our law firm recently had the opportunity to address the issue of whether unauthorized use of a company's trademark in a television program or film could result in a claim of trademark infringement.  Based on[...]

From a trademark perspective, nothing serves as a stronger identifier than an individual’s personal name.  But does this make personal names appropriate for trademark registration?  Trademark law has always treated personal names differently.  In the past,[...]

In our competitive free economy, copying and imitating business concepts and market trends in the public domain is the general rule, protected intellectual property (e.g., trademark, copyright, patent) is the exception. Copying and Imitation as Fair[...]

The United States Patent and Trademark Office (Office or USPTO) is setting or adjusting certain trademark fees, as authorized by the Leahy-Smith America Invents Act (AIA), as amended by the Study of Underrepresented Classes Chasing Engineering[...]

Trademarks promote economic efficiency in the marketplace in at least two ways: (1) trademarks encourage businesses to create, manufacture and promote quality products, and (2) trademarks reduce customer costs related to shopping and making purchasing decisions. [...]

Trademarks of a rival company can be used in comparative advertising, so long as the advertising does not contain misrepresentations or create a reasonable likelihood that purchasers will be confused as to the source, identity, or[...]