Tamara’s Tips

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Denver Trademark Class: October 30, 2019

Tamara is teaming up with the small business experts at Herosmyth to present a trademark class to Denver business owners and entrepreneurs at the end of October. This class is a must for anyone interested in learning about trademark protection before diving in to the U.S. Patent and Trademark Process. You should register for this ...

Trademark Myth #6: Trademarks last forever

Some things last forever: strong and deep love, a Nalgene water bottle, radiation from nuclear waste, or memories (as long as you don't get dementia). People often wonder how long trademarks last. Others mistakenly believe that once registered, a USPTO registration lasts indefinitely. The idea that trademarks last forever exists ...

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 ...