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
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?
If you advertise, post, share, compare, promote, or influence products or services, this question may be at the forefront of your legal concerns. The progression of social media as a prominent marketplace and advertising medium has created new concerns regarding the legalities of trademark protection and trademark infringement. Should I be worried about using trademarks … Continue reading Are You Culpable for Trademark Infringement?
This year has been a challenge unlike any other year for American businesses with unexpected closures lasting for uncertain lengths of time, fluctuating regulations, and the unknowns awaiting for business this year. Small businesses are the backbone of America, however, where the spirit of American entrepreneurship is borne and resides – that venture risk that … Continue reading To The Small Business Owners
One of the most discouraging events of filing for a Trademark is receiving an Office Action letters from the USPTO for refusal to register the trademark. This is also sometimes known as a “2(d) Refusal” for its refusal on the basis of the Trademark Act 2(d). While it is disheartening to receive an Office Action … Continue reading What is an Office Action from the USPTO?