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59 post(s) in Trademark

Trademark Myth #8: Anything can be trademarked

Companies often believe they can use any word or design as a trademark. This is partially true -- one could use anything for a trademark. However, it's a myth that all trademarks get equal protection. Trademark lawyers classify marks into "strong trademarks" and "weak trademarks." We think about protection and registration. ...

Trademark Search – Myth #9

As long a trademark search shows that there are no other pending applications or registrations with the U.S. Patent & Trademark Office for the same mark in connection with the same goods or services, we’ll be ok! This is not necessarily true.  A full trademark search matters! Just because a word or design is not registered ...

Trademark Myth #10

Over the next few weeks, I'll summarize the top ten trademark myths.  People have false beliefs about a lot of things related to trademarks and how the Patent and Trademark Office works.  So let's get started... Myth #10: Anything can be trademarked!    ❌ False. . . Many believe that you can obtain a trademark registration for just ...

Benefits of Trademark Protection

People are sometimes on the fence as to whether to coast by with common law trademark rights or apply for State or Federal trademark protection.  As a trademark lawyer, of course I encourage them to register!  Several benefits of formal registration make it a more desirable way to protect a word or design that is used in connection ...

Upcoming speaking engagements

Next month, Tamara will discuss trademarks and social media at two events.  On April 4th, she will lead a workshop on brand and business protection and promotion at the 2019 Indian Biz Expo, sponsored by the Rocky Mountain Indian Chamber of Commerce.  Then on April 10th, she will discuss the same topic for members of the ...

Trademarking Hashtags

A recent Trademark Trial and Appeal Board decision in In re DePorter found that a particular hashtag was not eligible for trademark protection. The TTAB noted that a hashtag "is a word or phrase preceded by a hash mark (#), used within a message to identify a keyword or topic of interest and facilitate a search for ...

LOL, WTF, FML!

Sometimes a trademark application is just too funny for words.  As Newsweek first reported, Proctor & Gamble is seeking trademark protection for WTF, LOL, and FML in connection with dishwashing soap and air fresheners.   However, it looks like they need to jump over some hurdles first, including explaining the significance of LOL (haha!) and responding ...

How much does a trademark really cost?

 I love this article I recently came across discussing the economics of trademark applications.  I found it interesting that more than 30,000 applications filed in 2017 are now dead.  This cost the filers more than $56 million!  The article also confirmed that the flat fee I charge for new trademark applications, which includes a "quick search" and ...

Online incorporation – is it right for you?

These days, people turn to the internet for many things.  You can research a person or company, find endless entertainment, communicate with friends, and even form a company.  Online legal services claim to remove the majority of cost and expense from lawyers' work.  In some cases, I think they're ok.  If you are forming a single member LLC, ...