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
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
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
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
Ensuring that a loved-one's wishes can be honored by a Will involves ensuring that the Will meets certain requirements and stands the best chance of being affirmed as a valid Will by the Probate Court. Knowing which type of Will to use is the best starting place. Holographic Will: A handwritten will. While this type … Continue reading Understanding the Validity of a Will
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?
Implementing the Last Will and Testament of a loved one after they have passed away can bring about a host of questions, and unexpected steps. This post provides a very basic guide to the Probate process, however, we highly recommend speaking to an estate planning lawyer as each probate matter is truly unique. What is … Continue reading What Is The Probate Process?
In a society where both new and long-standing brand names and products are available, consumers are accustomed to seeing the tiny symbols used in to the upper-right of a product name to indicate a protected name, logo, or tagline, and yet it can be unclear as to what each of the marks truly indicate. ® … Continue reading Minuscule Symbols With a Sizable Message
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?
Planning a policy to close your business may seem counter-productive to the effort you invest in maintaining the life of your small business, however, creating an Exit Strategy may be one of the smartest decisions you make, and you will thank yourself later for planning ahead. Creating an exit strategy does not necessarily mean you … Continue reading Small Business Series #5: Why Should You Have an Exit Strategy?