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. This is a misconception. The Department of State in any state allows formation of a business entity as long as there is no other entity with a …
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. A term becomes generic where it becomes the commonly used term for a good or service, for example, escalator (formerly known as …
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 affiliated with the United States Patent and Trademark Office but their names tend to somewhat resemble the USPTO’s name. A few examples of these solicitations include requests for fees for publication of …
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 property law and the job market for recent graduates. Request one of our attorneys for a speaking engagement via our contact us page.
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 Treaty the separation may not take effect for a few years while an exit agreement is being negotiated. Thus, the vote will have no immediate …
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 their rights against potential infringers. Despite having strong enforcement strategies, there have been instances where third parties have escaped liability for use of a mark without the mark owner’s …
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 continuous use. Incontestable status provides conclusive evidence of validity, ownership and the exclusive right to use the mark with the registered goods. Some of the benefits of a registered trademark are listed below. …
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 under common law by use of the mark such that it acquires distinctiveness in the minds of consumers, seeking federal registration for a mark where possible is usually a …
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 company that registers a business name alone may not have any rights to prevent another from using the same name in connection with their brand. Registering a business name with …
Brand Protection: Counterfeit, Knockoffs & Parallel Imports
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 countries both criminally and civilly. With their factories producing 67% of the worlds supply, China leads the world in sales of counterfeit goods. When it comes to counterfeiting, money and luxury goods …
