Best Practices for Selecting a New Trademark While Avoiding Risks
The trademark selection process can be daunting. There are multiple business, marketing, and legal considerations that can often conflict. Whether an established business is selecting a trademark ...
The Lifecycle of a Brand: From Inception to Use to...
Marketing and Product Managers both play crucial roles in the lifecycle of a brand. Effective collaboration is essential to ensure a brand evolves in line with market and business needs and is suffic...
Best Practices for Minimizing Future Risks and Enforcing Trademark Rights
When adopting and using a new trademark, knowledge is power. Understanding and implementing best practices for trademark adoption, use and maintenance can help minimize future risks. Use and succe...
Descriptive Marks: Balancing Marketing Needs with Trademark Rights
A strong trademark can be a tremendous asset to a business. Trademarks are generally categorized as fanciful, arbitrary, suggestive, descriptive, or generic, from strongest to weakest. Descriptive ma...
The Importance of Enrolling in a Trademark Watch Service
While trademark registration is a crucial initial step in protecting intellectual property, ongoing vigilance is essential to maintain and enforce these rights. Trademark watch services play a vital ...
What Are the Different Types of Patent Applications?
Securing patent protection is a crucial step in gaining a competitive edge in the marketplace. But before filing, it’s essential to understand the different types of patent applications available. Ea...
A Step-by-Step Guide to the Patent Application Process
Filing for patent protection may be a critical step in securing the exclusive right to obtain revenue from third-party use and commercialization of an invention. The patent application process is com...
Can You Patent a Design?
In today’s competitive marketplace, the visual appeal of a product can be just as valuable as its functionality. Whether it’s the sleek curves of a smartphone, the distinctive shape of a ...
Can You Get a Patent Without a Lawyer?
While the law allows inventors to submit a patent application without legal representation, applying for and prosecuting a patent application without the help of an experienced patent attorney or pat...
Patent Prosecution vs. Patent Litigation - What's the Difference?
Patent prosecution and patent litigation are two distinct processes, involving different rules and objectives. What is Patent Prosecution? Patent prosecution is the process through which ...
Considerations When Conducting Trademark Searches for Word Marks vs. Stylized...
Conducting a trademark search is an important step when launching a brand. A trademark clearance search can uncover potential risks that could result in future conflicts and expensive litigation. Whi...
What Does Patent Pending Mean?
The phrase “patent pending” seemingly carries significant weight, but its legal significance is often misunderstood. Patent Pending Defined The phrase “patent pending” m...
Trademark Cancellation Proceedings vs. Opposition Proceedings - What is the...
Trademark cancellation and opposition proceedings are initiated by parties who believe they will be or are harmed by the registration of a certain trademark. The Trademark Trial and Appeal Board (TTA...
What to Do If You Receive a Copyright Infringement Notice?
A copyright is a type of intellectual property right that protects original works of authorship that are fixed in a tangible form. A copyright owner has the exclusive right of reproduction, adaptatio...
The Role of Intellectual Property in Protecting Innovation
Intellectual property is often the most valuable asset of a business. Intellectual property laws play a significant role in promoting and protecting innovation by affording legal rights to creators, ...
Can You Obtain a Trademark Registration For a Sound?
Certain sounds, that utilize auditory elements including music notes and voices, may be protectable under US trademark law. These marks are referred to as sound marks. A sound mark refers to distingu...
The Implications For Brand Owners and Businesses of the Supreme...
The recent Supreme Court decision in Jack Daniels Properties Inc. v. VIP Products LLC, may have lasting impacts on trademark adoption and enforcement strategies of brand owners and businesses. VIP Pr...
What to Do If Someone is Infringing on Your Trademark
Trademark infringement is the unauthorized use of a trademark or a service mark on or in connection with goods or services in a manner that is likely to cause confusion as to the source of the goods ...
Who Should Be Listed as the Proper Owner of a...
A trademark application must properly identify the correct owner of the trademark. Not doing so may invalidate the application or resulting registration. There may be no remedy for listing the wrong ...
Important Information Regarding Trademark Scams
Trademark owners should be aware of the existence of trademark scams. These scams include letters, emails, and phone calls designed to appear as if they are coming from an official source or agency, ...
What You Should Know About the Patent Disclosure and On...
The journey to securing a patent is fraught with legal nuances and requirements. Two significant considerations that can impact the patentability of an invention are the “public disclosure̶...
Do You Need a Copyright, Trademark, or Patent?
Copyrights, trademarks, and patents are different types of intellectual property. It is important to know the differences between them in developing a protection strategy. What is a Copyrigh...
How to Avoid Trademark Infringement
A trademark can be one of the most valuable assets of a business. If you have infringed on a third party’s trademark rights, it can have a significantly negative impact on your business. It is import...
How to File a UDRP Complaint
Who Can File a UDRP Complaint? A Uniform Domain Name Dispute Resolution Policy (UDRP) complaint may be filed by a trademark owner who is involved in a domain name dispute. A domain name d...
The Scope of Trademark Protection for Word Marks vs. Logos
It is a common misconception that applying for trademark protection for a logo (referred to as a stylized mark) also provides full protection for any text contained in the logo. While there is some p...
What Happens if You Commit Copyright Infringement?
Committing copyright infringement can carry serious civil and criminal penalties. You may be liable even if the infringement was not intentional. If you are accused of committing copyright infringeme...
What is the Madrid Protocol?
An international treaty known as the Madrid Protocol makes it easier to register trademarks in numerous jurisdictions with a single application. The Madrid Protocol is managed by the World Intellectu...
What is a 'Poor Man's Patent'?
A “poor man’s patent” has been thought to be a cheap and quick way of securing rights to an invention. But what is a poor man’s patent? A ‘Poor Man’s Patent’ Defined The phrase “Poo...
How to Protect a Trade Secret
Trade secrets are protected under both federal and state laws. The Defend Trade SecretsAct of 2016 (DTSA) allows U.S. companies to protect against and remedy misappropriation oftrade secrets in feder...
How to Protect My Jewelry Designs
Jewelry designs may be protectable under US intellectual property laws. Jewelry designs are generally unique and intricate works of art that require creativity, skill, and craftsmanship and can consi...
What to Do If Your Trademark is Rejected
If a USPTO examining attorney believes that your trademark does not comply with the trademark registration requirements, your trademark application will be rejected. This could be for a number of rea...
Six Common Mistakes to Avoid When Registering a Trademark
Before a trademark application is submitted to the United States Patent and Trademark Office, a large amount of time and money may have already been invested into the selection of the mark. The proce...
Five Reasons Why Your Trademark May Be Rejected
Trademark applications are reviewed by an examining attorney at the USPTO before they are approved for registration. If the examining attorney finds reasons to refuse your application, they wil...
Everything You Need to Know About Domain Name Disputes
A website is often a natural extension of a business’ offline presence. A domain name that reflects a business name or trademark serves as an important tool to attract customers and build brand recog...
Four Mistakes That Can Render Your Trademark Application or Registration...
While the trademark process may seem quite simple, especially in comparison to the patent process, there are quite a number of traps for the unwary or unrepresented applicant to fall into. If made, s...
Pros and Cons of Provisional Patent Applications
Inventors who wish to receive a patent on their invention and the patent attorneys who represent them are faced with deciding which type of patent application to file. When seeking protection for the...
A Comparison of Trademark Registration in the U.S. and China
By Sejal Rajan and Allen Zhou of Jiaquan IP Trademark registration procedures and requirements often vary from country to country. Being knowledgeable of the procedures of a country in which you ...
What’s in a Name? The Dos and Don’ts of Selecting...
Whether you are launching a new business or adding a new brand to your existing business, selecting the right trademark can have a great impact on its success. A trademark is not just the name of ...
Common Law Trademark Rights
The United States recognizes the rights of trademark owners who are the first to use a mark in connection with particular goods or services. These rights are called common law trademark rights a...
How to Use a Copyright Protected Song in a YouTube...
Music has the ability to capture people’s attention. Whether it is the new viral hit of the week, a classic, or an unknown gem. Content creators know this all too well when choosing the right song to...
USPTO Database Search v. Comprehensive Clearance Search
When you are considering adopting and registering a new trademark, one of your first steps should be to conduct a trademark search. The main goal of a trademark search is to uncover any potenti...
What is a Trademark Opposition? A trademark opposition is a litigation proceeding before the Trademark Trial and Appeal Board (TTAB), in which a third party may object to the United States Patent and...
Design Patent Protection for Jewelry Designs
Design patents tend to get overlooked as a means of protection for jewelry designs. This may be a result of the stigma associated with patents as being very costly and taking very long to obtain. Howe...
Trade Dress Protection: The Underutilized Trademark Right
Standing out in a sea of brands can be difficult. Coming up with clever slogans, and distinctive brand names are essential to leave lasting impressions on consumers. Brands can further set themselves ...
International Copyright Protection
With the ease of access to content over the internet, creators (“authors”) find importance in obtaining intellectual property protection in the United States and abroad. Copyright laws are national in...
The USPTO Requires Foreign Residents to be Represented by a...
Effective August 3, 2019, foreign-domiciled U.S. trademark applicants, registrants and parties to U.S. Trademark Trial and Appeal Board (TTAB) proceedings will need to be represented by an attorney li...
Amending to the Supplemental Register
In the United States, the two registers on which a trademark may be placed are the Principal Register and the Supplemental Register. Most applications are submitted for protection on the Principal Reg...
You Received a Trademark Office Action, Now What?
Have you received an office action from the United States Patent and Trademark Office (USPTO) in response to your submission of an application for U.S. trademark protection? Trademark office actions ...
Forming a Business: The Importance of Trademark Clearance Searches
It is a common belief among prospective business owners that because a business name is available for registration with the relevant Department of State, that name is free and clear for use generally....
News: 2017 New York Metro Rising Star
News 10/24/2017 We are proud to announce that our Managing Attorney, Kristin Grant, was selected for inclusion in the Super Lawyers 2017 New York Metro Rising Stars list. The Rising Star distinction i...
Velcro Fights Genericism Through Song
In an effort to save their brand from genericism, the team at Velcro recently launched a witty campaign urging people not to use the Velcro trademark as a noun or a verb. To view the video click here....
Copyright Protection for Jewelry Designs
A universal form of adornment, the history of jewelry dates back over 25,000 years. The first forms of jewelry were made of feathers, bones, shells and stones and carried spiritual meanings. With the...
Trademark Application Post-Filing Solicitations
Trademark application post-filing solicitations by private companies are very common and can result in an applicant unwittingly paying money to a non-USPTO entity. These private companies are not affi...
News: Top 40 Under 40 Intellectual Property Lawyers NY
News 1/25/2017 We are proud to announce that our Managing Attorney, Kristin Grant, was selected for inclusion in the American Society of Legal Advocates’ list of the Top 40 Under 40 Intel...
Grant Attorneys Speak to NYLS Fashion Law Class
News 11/29/16 Kristin and Nicoletta had the opportunity to speak to the Fall 2016 Fashion Law class at New York Law School. The panel focused on their career paths, current trends in intellectual pro...
Brexit and Your IP Rights
On June 23, 2016 Britain voted in favor of leaving the European Union. However, Britain’s exit from the European Union, coined as “Brexit,” will be no small feat. According to Article 50 of the Lisbon...
Use of Third Party Trademarks
U.S trademark laws require trademark owners to actively enforce their rights or risk losing them. As such, mark owners are obligated to employ solid enforcement strategies in an effort to enforce thei...
News: 2016 New York Metro Rising Star
News 5/13/2016 We are proud to announce that our Managing Attorney, Kristin Grant, was selected for inclusion in the Super Lawyers 2016 New York Metro Rising Stars list. The Rising Star distinction is...
Copyright Issues in Self – Publishing
With the influx of new self-publishing services such as Amazon KDP and Createspace, self-publishing has become an appealing option for up and coming writers. The world of literary publishing is filled...
Benefits of a Registered Trademark
There are several benefits to obtaining Federal trademark registration. A Federally Registered trademark not only provides nationwide protection but can obtain incontestable status after five years of...
Firm Recognized in 2016 Corporate INTL Magazine Global Awards
News 1/14/2016 Grant Attorneys at Law was recently recognized by Corporate INTL as “Boutique IP Law Firm of the Year in New York.” Corporate INTL is a global magazine geared towards busine...
Overview: The U.S. Trademark Application Process
Trademarks are used to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of those goods. While trademark protection may be acquired unde...
A Trademark ≠ A Business Name
There is a misconception that registering a business name with the state provides unlimited rights to use the name in connection with your brand. However, a business name ≠ a trademark. Thus, a compan...
Patent vs. Trade Secret
There is no blanket answer to the much asked question: Do I seek patent protection for my invention or maintain a trade secret? Every situation will vary depending on what is sought to be protected. W...
Counterfeiting The term counterfeit is defined as something made in imitation of something valuable or important with the intention to deceive or defraud. Counterfeiting is illegal, punishable in most...
New Rules: International Design Patent Applications
On February 13, 2015 the United States took the final steps to becoming a member of the Hague Union. The USPTO recently published the final rules governing the implementation of the Geneva Act of the ...
Preventing The Loss of Your Trademark Rights
Trademark rights may be granted for the actual use of a mark or for the bona-fide intent to use a mark as a source identifier of goods and services in commerce. However, where adequate precautions are...
