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8 post(s) in trademark

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 ...

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 ...

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 ...

#trademarks

According to CompuMark/Clarivate Analytics, the company I use for trademark screening, searching, and watching, applications for "hashtag trademarks" are on the rise. In 2016, individuals and companies filed an impressive 2,200 applications to give them the exclusive right to use particular hashtags in connection with their goods and services!  I definitely agree with CompuMark's conclusion that "more ...

Do Trademark Lawyers Matter?

A few months ago, the Commissioner for Trademarks herself came to Denver visit with several Denver area trademark attorneys.  I was thrilled to be a part of this group, and to have the opportunity to glean some inside info about the U.S. Patent and Trademark Office.  The Commissioner spent the greater part of an hour ...

Creating the best trademark

New business owners always want to know how they can create the best trademarks.  A great trademark will have four elements: 1) It is "arbitrary and capricious."  Made-up words, like lululemon or Starbucks, make the strongest trademarks because they do not have any meaning in the English dictionary.  So, you'll never get a rejection from the Patent and ...

A boozy trademark dispute

Did anyone else catch 60 minutes on Sunday? They had a segment exploring the question of who owns the rights to "Havana Club" rum.  Will the increase in commerce between the U.S. and Cuba also open the door to an increased number of trademark disputes?