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 dispute may occur when there has been third-party use of a trademark within a domain name that is identical or confusingly similar to a trademark owner’s mark …
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 consist of a wide range of elements, including the arrangement of gemstones, the shape and form of various metals, and their overall aesthetics. There are a few possible ways of securing intellectual …
What’s in a Name? The Dos and Don’ts of Selecting a Trademark
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 your business and brand, it is a source identifier. It has the potential to quickly convey to a customer information about what you are …
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 and may be established solely by the use of a trademark in connection with goods or services in interstate commerce. You can acquire common law trademark rights even if …
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 potential conflicts that your trademark may face. This could potentially save you time, money and the loss of your trademark in the future. There are two main …
Trademark Symbols – When Can I Use TM, SM, ® and © symbols?
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 each serve a very important purpose and convey valuable information to the public. It is important to know the differences …
Defending a Trademark Opposition
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 Trademark Office’s decision to register your trademark. During the trademark application process the examining attorney will review your application to determine whether they believe it is entitled …
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. However, design patents are substantially less expensive and take a shorter period of time to obtain than utility patents and as such can be a …
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 apart by coming up with unique trademarks through product shapes, color and packaging. Earlier this year, cosmetic brand, Glossier, secured a trademark registration for their signature pink bubble …
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 nature. This means that whether protection is afforded to a work is generally dependent on the laws of the territory in which protection is sought. However, there are a number …
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