Category: Intellectual Property Protection

Is Your Mark Adequately Descriptive?

When you are trying to determine whether your trademark is merely descriptive and likely to be refused by the U.S. Patent & Trademark Office (USPTO), you must evaluate it in relation to the goods or services, not in the abstract. In other words, what potential significance will the mark have to the consumer of your [..]

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Can My Name be our Trademark?

A common question we get from clients is whether they can use their personal name as the trademark for their business. The quick answer is that “it depends.” You do not have a guaranteed right to use your own name as a mark for your business, but it may be possible for you to do [..]

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What is a 2(d) Trademark Refusal?

When you make your application for a trademark, you should be aware that there are a variety of reasons the Examining Attorney may refuse it. Therefore, it is important to let us assist you in making your trademark application so you can avoid obstacles in the examination process. One of the common reasons for a [..]

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Can You Lose Rights in a Trademark?

Once you obtain the rights to a trademark, you want to make sure you hang onto it. The most common way a trademark is lost is by abandonment, or stopping use of the mark with no intention of using it again. There are also ways the owner of a mark can unintentionally lose the rights [..]

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How to Identify your Trademark

Once you have properly registered a trademark, it is important to identify it so the public has notice that it is a protected mark. Certain symbols or designations are used to indicate trademarks, including ®, Reg., TM and SM. The ® symbol and “Reg.” provide notice that the mark is registered in one or more [..]

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Establishing Rights in a Trademark

Establishing your trademark can be accomplished through registeration. However, in some countries, you can establish common law rights by using a mark. It should be noted that registering your mark provides you broader rights and stronger protections. In countries that don’t recognize common law rights in a mark, the first to register a trademark owns [..]

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Does Your Business Protect its Customer’s Private Data?

Businesses of all sizes should be concerned with protecting their customers’ private information. While breaches of customer data in large companies such as Target make the headlines, having your computer system hacked at a smaller company can be just as devastating to you financially. Any business that collects personal information from consumers is required by [..]

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