What Does Brexit mean for Trademark Owners?

Sorting through the implications of the UK exit of their membership to the European Union (EU), has been especially concerning for those with Intellectual Property ownership rights under EU laws. What does Brexit mean for EU Trademark owners, and how does Brexit affect Trademark applicants now? Trademark registration concerns will depend on whether a Trademark … Continue reading What Does Brexit mean for Trademark Owners?

What You Need to Know About The Trademark Modernization Act

The most recent addition to intellectual property federal law, the Trademark Modernization Act of 2020, will directly affect Trademark owners and applicants. The USPTO is acutely aware of the rise in recent years of Trademark applications in general, and has noted the increase in spurious Trademark applications by applicant entities that are false, or difficult … Continue reading What You Need to Know About The Trademark Modernization Act

Make Sure Your Brand Name Isn’t a Liability

What is Liability by Trademark Dilution? One of the strongest reasons to research your potential Trademark name is to avoid the possibility of trademark litigation by way of Trademark Dilution. Trademark Courts are primarily concerned with whether a trademark name causes the public to be confused as to the source of the goods. When the … Continue reading Make Sure Your Brand Name Isn’t a Liability

Mistakes Trademark Owners Make: Failure to Research the Trademark

Why Does Research Matter? One of the most common misperceptions regarding Trademarks is that anyone can obtain any Trademark name, logo, or phrase. This may seem to be the case especially as State Trademark Filing is usually a simple process that may not involve an extensive tradename and category search like the Federal registration process. … Continue reading Mistakes Trademark Owners Make: Failure to Research the Trademark

Avoid Making This Mistake as a Trademark Owner

Obtaining a certificate of Trademark Registration may seem like the final step in earning the rights to a Trademark, yet owners should be aware of potential assumptions that can be costly. The responsibilities of owning a trademark include: Showing that TM is being used in association with the sale of a good/service. Demonstrating that the … Continue reading Avoid Making This Mistake as a Trademark Owner

What Is The Role of a Personal Representative in a Probate Case?

Finding oneself as a designated Personal Representative by a loved one’s Last Will & Testament can be an unanticipated discovery. Though it is a good practice to discuss these matters with loved ones before naming them in a Will, those conversations do not always occur in time to prepare the person named in the Will. … Continue reading What Is The Role of a Personal Representative in a Probate Case?

Should Your Trademark Have a Price Tag?

Why are Trademarks Valuable? Your Trademark is the brand identity of your business, products, and services. Your customers begin to associate your Trademark with the level of quality you offer to your customers, and the reputation you have worked steadily to build. Though at Behrends Legal, we recommend filing for a Trademark as early as … Continue reading Should Your Trademark Have a Price Tag?