Intellectual property (IP) can be the most valuable asset of a business. Intangible assets can be overlooked, but adopting a robust IP strategy can help protect these assets and maximize their value, providing clear business advantages and a path to greater success. What is an Intellectual Property (IP) Strategy? An IP strategy is a comprehensive plan that outlines how a …
How to Use UDRP to Combat Cybersquatting
Cybersquatting 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 and companies are frequently targeted by cybersquatters, requiring businesses to incur increased costs to monitor and enforce their trademark rights. A UDRP proceeding can be a cost-efficient and effective method …
A Guide to Comprehensive Trademark Clearance Searches
For 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 database lookup — it is a in-depth investigation that can save a business from costly legal disputes and potential rebranding. What Is a Comprehensive Clearance Search? A comprehensive clearance search …
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 the USPTO adjudicates these proceedings. A trademark cancellation proceeding permits a party to file a petition to cancel an existing third-party trademark registration. A trademark registration may be canceled …
USPTO Government Fee Increases in January 2025: What You Need to Know
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 you may be affected by the fee increases. This is not an exhaustive list of the fee increases and new fees. Trademark Fee Increases All new applications filed …
When Do You Need to Hire an Intellectual Property Attorney?
Intellectual property (IP) may be one of the most valuable assets a company can possess. However, navigating the complex world of intellectual property protection can be challenging, which is why businesses turn to intellectual property attorneys to safeguard their intangible assets. What Does an Intellectual Property Attorney Do? Intellectual property attorneys help businesses and individuals secure legal rights to their …
The Lifecycle of a Brand: From Inception to Use to Maintenance, How Marketing and Product Managers Can Work Together
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 sufficiently protected along the way. The Lifecycle of a Brand The lifecycle of a brand spans several stages: development, growth, maturity, and decline or maintenance. During each of …
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 successful registration of a mark is only the beginning. A trademark owner has a duty to monitor and enforce its trademark or risk narrowing the scope of its rights to the mark. …
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 marks fall on the weaker end of the spectrum but can be valuable when used after careful consideration of the risks and benefits. When selecting a trademark, one that conveys information about the …
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 relation to an invention from the date that a patent application disclosing that invention is submitted to the patent and trademark office. Misuse of the phrase can have serious ramifications. Under 35 U.S. Code …
