The United States Patent and Trademark Office (USPTO) has two registers for trademarks: supplemental and principal. The supplemental register is reserved for descriptive, surname, and geographical marks that do not qualify for the principal register. Ideally you will be on the principal register, but sometimes, you are asked to be on the supplemental register. You can make arguments against the …
Can I Trademark the Zia?
Us New Mexicans are well aware of the ZIA. It appears on our State flag, in the design of the State capital building in Santa Fe, and is used in numerous other places, by both the government and private entities. But most importantly, the Zia symbol belongs to the Zia Pueblo, and is a sacred religious symbol, having been used …
I Received an Office Action for My Trademark Application.
What do I do now? Oftentimes, an office action will be issued by the USPTO after you’ve filed your trademark with one or more rejections. An office action will ostensibly always have a response deadline of 6 months. Some of the rejections are non-substantive whereby the mark is not necessarily rejected, but a response must be submitted in order for …
Finally, Tiffany v. Costco Has Come To a Close.
Tiffany initially sued Costco in 2013 for trademark infringement. Costco got in trouble for selling rings described as “Tiffany” rings. Costco argued that using a common name such as “Tiffany” did not constitute trademark infringement as it just described a type of ring setting. The Court did not agree, granting damages in the amount of $5.5 million to Tiffany & …
No-Handshake Policy and Other Policies for Businesses to Consider During (and After) Coronavirus
Handshakes, once a key part of professionalism in the workplace and world of networking, may now be a thing of the past due to coronavirus concerns. As more people return to the workplace, business owners are trying to figure out how to best keep their workers and customers safe while still appearing personable and professional. First impressions are especially important …
Election Year Political Pitfalls for Nonprofits
With 2020 and the upcoming November Presidential election quickly-approaching, political chatter will definitely be in the air—from co-workers discussing the debates at the water cooler to family members posting their views on Facebook. Although the first amendment protects our rights to express our views as individuals, non-profit 501(c)(3) organizations must be careful, as they cannot legally engage in the same …
Adverse Possession
When I purchased my home, my neighbor’s hot tub was situated on my property line. I went ahead and closed on the purchase of my home (20 years ago) with the hot tub sitting on my property and forgot about it. I am now concerned that when the time comes that I want to sell my house, or my neighbor …
Moving your business to a different state
When moving to a different state, the process involved in moving your business along with you can be stressful if not completely confusing. There are many reasons to not merely shut down the existing company and start a new one. You typically have two options, or possibly three options, depending on the state your company is organized in and the …
Consideration in Contracts
We all know that business deals involve careful consideration of company finances, risk, and potential gain. But the contracts underlying those deals involve another form of consideration—something that demonstrates each party has a stake in the outcome. In fact, contracts are only legally binding if there is consideration (along with an offer and acceptance, as discussed in previous blogs). In …
Lease to Own Agreements
When it comes to real estate, lease to own agreements sound like a great idea when you may not have a large down payment available, or you are unable to secure a mortgage. Oftentimes, you anticipate the ability to come up with a large down payment down the line, but you want to purchase a property now. If that’s the …
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