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- Understanding the Use of Copyrights and Trademarks by Politicians and Political CampaignsUnderstanding the Use of Copyrights and Trademarks by Politicians and...From a Congressional campaign in Michigan to the mayoral race in New York City and even all the way to the Presidency, this election cycle has highlighted a long history of tensions between politician...
- Labubu Toys: When Viral Toys Meet IP LawLabubu Toys: When Viral Toys Meet IP LawViral success can create tremendous growth opportunities for a business. When a product suddenly captures widespread attention and gets shared across social media and other channels, it can lead to sp...
- No Goodwill, No Trademark: Why Brand Value Cannot Be Separated from Business OperationsNo Goodwill, No Trademark: Why Brand Value Cannot Be Separated...When a business changes hands, its trademarks may also be transferred. However, a trademark does not properly change hands unless the goodwill associated with the trademark is also transferred. This d...
- How to Show Use of A Trademark "In Commerce"How to Show Use of A Trademark "In Commerce"One of the fundamental requirements for federal trademark registration in the United States is demonstrating "use in commerce." Without a proper showing of use, a trademark will not register. Understa...
- Hashtags and Trademark RightsHashtags and Trademark RightsThe use of hashtags in social media has gained tremendous popularity as a marketing and advertising tool. Business owners can now gain trademark rights and possibly even a registration for their hasht...
- IP-Backed Financing: Leveraging Intellectual Property as CollateralIP-Backed Financing: Leveraging Intellectual Property as CollateralIntellectual property can be one of the most valuable assets on a company’s balance sheet. IP-backed financing enables companies to leverage their intellectual property as collateral to secure capital...
- State vs. Federal Trademarks: Do You Need Both?State vs. Federal Trademarks: Do You Need Both?Trademarks serve as valuable assets that safeguard a company's name, logo, slogan, or other distinctive elements from unauthorized use by competitors. However, business owners may be unsure about whet...
- What is Patentable?What is Patentable?Understanding what can be patented is crucial for inventors and businesses alike. Patents provide exclusive rights to an invention, thereby offering protection and potential commercial advantages. How...
- The Importance of Intellectual Property Protection For StartupsThe Importance of Intellectual Property Protection For StartupsWhile many young companies view IP protection as an unnecessary expense or a concern for later, the reality is that IP protection can be the difference between long-term success and vulnerability to c...
- How to Use UDRP to Combat CybersquattingHow to Use UDRP to Combat CybersquattingCybersquatting involves the registration, use, or sale of a domain name that is identical or confusingly similar to an existing trademark with the intention of profiting from it. Well-known trademarks...
- A Guide to Comprehensive Trademark Clearance SearchesA Guide to Comprehensive Trademark Clearance SearchesFor businesses looking to protect their brand, a trademark clearance search is a crucial first step in the registration process. A comprehensive trademark clearance search is more than a simple databa...
- What is the Burden of Proof for Trademark Cancellation?What is the Burden of Proof for Trademark Cancellation?Trademark cancellation proceedings are initiated by parties who believe they will be or are harmed by the continued registration of a certain trademark. The Trademark Trial and Appeal Board (TTAB) of ...
- How Broad vs. Local Trademarks Can Affect Outcomes in UDRP DecisionsHow Broad vs. Local Trademarks Can Affect Outcomes in UDRP...Securing trademark registrations is an essential part of a business’ IP strategy, to protect one of its most valuable assets. The scope of trademark registrations that a business should obtain depends...
- What To Do If A Competitor Has Registered Your TrademarkWhat To Do If A Competitor Has Registered Your TrademarkThe United States Patent and Trademark Office (USPTO) will refuse registration of a trademark that is confusingly similar to an existing registration. They do not review any unregistered use in the ma...
- USPTO Government Fee Increases in January 2025: What You Need to KnowUSPTO Government Fee Increases in January 2025: What You Need...The USPTO will increase certain trademark government fees starting on January 18, 2025, and certain patent government fees on January 19, 2025. Below are some of the most common situations in which yo...
- TTAB Opposition Proceedings: Who, What, When, How & WhyTTAB Opposition Proceedings: Who, What, When, How & WhyThe Trademark Trial and Appeal Board (TTAB) is a division of the U.S. Patent and Trademark Office (USPTO) that hears disputes over whether a trademark should be, or continue to be, registered. If a pa...
- Best Practices for Selecting a New Trademark While Avoiding RisksBest Practices for Selecting a New Trademark While Avoiding RisksThe 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 f...
- The Lifecycle of a Brand: From Inception to Use to Maintenance, How Marketing and Product Managers Can Work TogetherThe 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 suffici...
- Best Practices for Minimizing Future Risks and Enforcing Trademark RightsBest Practices for Minimizing Future Risks and Enforcing Trademark RightsWhen 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 succes...
- Descriptive Marks: Balancing Marketing Needs with Trademark RightsDescriptive Marks: Balancing Marketing Needs with Trademark RightsA 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 mar...
- The Importance of Enrolling in a Trademark Watch ServiceThe Importance of Enrolling in a Trademark Watch ServiceWhile 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 r...
- What Are the Different Types of Patent Applications?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. Eac...
- A Step-by-Step Guide to the Patent Application ProcessA Step-by-Step Guide to the Patent Application ProcessFiling 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 comp...
- Can You Patent a Design?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 perfume bottl...
- Can You Get a Patent Without a Lawyer?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 pate...
- Patent Prosecution vs. Patent Litigation - What's the Difference?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 a...
- Considerations When Conducting Trademark Searches for Word Marks vs. Stylized MarksConsiderations 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. Whil...
- What Does Patent Pending Mean?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" may be used in...
- Trademark Cancellation Proceedings vs. Opposition Proceedings - What is the Difference?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 (TTAB...
- What to Do If You Receive a Copyright Infringement Notice?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, adaptation...
- The Role of Intellectual Property in Protecting InnovationThe Role of Intellectual Property in Protecting InnovationIntellectual 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, i...
- Can You Obtain a Trademark Registration For a Sound?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 distingui...
- The Implications For Brand Owners and Businesses of the Supreme Court Decision in Jack Daniels Properties Inc. v. VIP Products LLCThe 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 Pro...
- What to Do If Someone is Infringing on Your TrademarkWhat to Do If Someone is Infringing on Your TrademarkTrademark 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 o...
- Who Should Be Listed as the Proper Owner of a Trademark Application?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 o...
- Important Information Regarding Trademark ScamsImportant Information Regarding Trademark ScamsTrademark 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, e...
- What You Should Know About the Patent Disclosure and On Sale BarsWhat 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 disclosure" and "on-sa...
- Do You Need a Copyright, Trademark, or Patent?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 Copyright...
- How to Avoid Trademark InfringementHow to Avoid Trademark InfringementA 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 importa...
- How to File a UDRP ComplaintHow to File a UDRP ComplaintWho 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 di...
- The Scope of Trademark Protection for Word Marks vs. LogosThe Scope of Trademark Protection for Word Marks vs. LogosIt 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 pr...
- What Happens if You Commit Copyright Infringement?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 infringemen...
- What is the Madrid Protocol?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 Intellectua...
- What is a 'Poor Man's Patent'?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 "Poor Man's...
- How to Protect a Trade SecretHow to Protect a Trade SecretTrade 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 federa...
- How to Protect My Jewelry DesignsHow to Protect My Jewelry DesignsJewelry 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 consis...
- What to Do If Your Trademark is RejectedWhat to Do If Your Trademark is RejectedIf 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 reas...
- Six Common Mistakes to Avoid When Registering a TrademarkSix Common Mistakes to Avoid When Registering a TrademarkBefore 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 proces...
- Five Reasons Why Your Trademark May Be RejectedFive Reasons Why Your Trademark May Be RejectedTrademark 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 will...
- Everything You Need to Know About Domain Name DisputesEverything You Need to Know About Domain Name DisputesA 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 recogn...
- Four Mistakes That Can Render Your Trademark Application or Registration VoidFour 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, so...
- Pros and Cons of Provisional Patent ApplicationsPros and Cons of Provisional Patent ApplicationsInventors 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 ChinaA Comparison of Trademark Registration in the U.S. and ChinaBy 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 s...
- What’s in a Name? The Dos and Don’ts of Selecting a TrademarkWhat’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 y...
- Common Law Trademark RightsCommon Law Trademark RightsThe 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 an...
- How to Use a Copyright Protected Song in a YouTube VideoHow 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 SearchUSPTO Database Search v. Comprehensive Clearance SearchWhen 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 potentia...
- Trademark Symbols - When Can I Use TM, SM, ® and © symbols?Trademark Symbols - When Can I Use TM, SM, ®...The ™, ®, ©, and ℠ symbols are ubiquitous. We see them every day on the websites we visit and on the products we purchase. While we may not pay much attention to them in our daily lives, they e...
- Defending a Trademark OppositionDefending a Trademark OppositionWhat 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 DesignsDesign Patent Protection for Jewelry DesignsDesign 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 RightTrade Dress Protection: The Underutilized Trademark RightStanding 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 ProtectionInternational Copyright ProtectionWith 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 i...
- The USPTO Requires Foreign Residents to be Represented by a US Attorney in all U.S. Trademark MattersThe 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 RegisterAmending to the Supplemental RegisterIn 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?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 m...
- Forming a Business: The Importance of Trademark Clearance SearchesForming a Business: The Importance of Trademark Clearance SearchesIt 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 StarNews: 2017 New York Metro Rising StarNews 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 SongVelcro Fights Genericism Through SongIn 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 DesignsCopyright Protection for Jewelry DesignsA 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 SolicitationsTrademark Application Post-Filing SolicitationsTrademark 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 NYNews: Top 40 Under 40 Intellectual Property Lawyers NYNews 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 Intellect...
- Grant Attorneys Speak to NYLS Fashion Law ClassGrant Attorneys Speak to NYLS Fashion Law ClassNews 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 pr...
- Brexit and Your IP RightsBrexit and Your IP RightsOn 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 TrademarksUse of Third Party TrademarksU.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 StarNews: 2016 New York Metro Rising StarNews 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 – PublishingCopyright Issues in Self – PublishingWith 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 TrademarkBenefits of a Registered TrademarkThere 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 AwardsFirm Recognized in 2016 Corporate INTL Magazine Global AwardsNews 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 business leaders,...
- Overview: The U.S. Trademark Application ProcessOverview: The U.S. Trademark Application ProcessTrademarks 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 NameA Trademark ≠ A Business NameThere 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 SecretPatent vs. Trade SecretThere 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. ...
- Brand Protection: Counterfeit, Knockoffs & Parallel ImportsBrand Protection: Counterfeit, Knockoffs & Parallel ImportsCounterfeiting 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 mos...
- New Rules: International Design Patent ApplicationsNew Rules: International Design Patent ApplicationsOn 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 RightsPreventing The Loss of Your Trademark RightsTrademark 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...
