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9 post(s) in trademarks

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 ...

Trademarking your name

Normally, the technicalities of the trademark world do not collide with Hollywood happenings, but a recent application for registration has brought trademarks on individual names into the spotlight.  Our names define us as unique individuals.  Granted, most people don’t have a trademark registration protecting their name, but then again, most of us don’t have hordes ...

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 ...

Trademarks 102: Beyond Basics

[vc_column width="1/2"][vc_column width="1/2"] Last week, I had the opportunity to present a Continuing Legal Education seminar to other attorneys through myLaw CLE.  I talked for approximately 1.5 hours about "Trademarks 102: Beyond Basics," covering things that lawyers who don't typically practice intellectual property or trademark law should know about sending Read more Dude, wait. . . what? (Marijuana trademarks)   Last week, I ...

Dude, wait. . . what? (Marijuana trademarks)

Last week, I attended the Rocky Mountain Intellectual Property & Technology Institute, which included a session discussing updates on the commercialization of marijuana.  Most trademark practitioners already knew that applications for federal registration of marijuana dispensaries or THC-containing products themselves will be rejected, but that protection is available on a state level, or on a federal level ...