Filing a trademark application is an important step in the process of protecting your intellectual property. While you can file the application on your own, it’s highly recommended that you seek the assistance of a trademark attorney to ensure that everything is done correctly and efficiently. Here’s why it’s important to have a trademark attorney help you with your trademark …
What is Intellectual Property and Why You Need to Know About It?
If you’re in the process of hiring a lawyer, chances are you’ve heard of intellectual property. But what exactly is it and why does it matter? In this blog post, we will discuss the basics of intellectual property and how it can help protect your business from potential litigation. What is Intellectual Property? Intellectual property (IP) refers to creations of …
BLSW Tops Expertise.com’s List of Litigators
A Ranking in Professionalism, A+ Ranking in Reputation Once again, Business Law Southwest has been recognized by Expertise.com for their outstanding New Mexico Litigation Team ! Expertise’s Selection Criteria: Availability-Consistently approachable and responsive, so customers never feel ignored. Qualifications-Building customer confidence with licensing, accreditations, and awards. Reputation-A history of delighted customers and outstanding service. Experience-Masters of their craft, based on …
Sour Grapes. When Similar Names Create Confusion
Stag’s Leap Wine vs. Stags’ Leap: A Tale of Two Wineries Stag’s Leap Wine, product of the Stag’s Leap Wine Cellars rose to prominence in 1973 when it competed against wines around the world in the Judgement of Paris and won. At the time it came as a shock that an American wine could compete against a French wine. This …
What is the Supplemental Register for Trademarks?
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 & …
What Are Trademarks & How Do They Work?
Trademarks are legally registered symbols that represent a brand of goods or services. There are major differences between owning a trademark and having a registered trademark. As soon as a business begins using a symbol to represent their business activities, they become a trademark owner. To get a trademark registered, a business needs to register with the United States Patent …
Important Legal Considerations When Selling On-line.
Thinking about selling goods or services online? You should. If COVID-19 taught small businesses anything, it is the importance of an online presence in order to stay in business! Learn about the important considerations that come with selling online. From contract considerations when hiring someone to build a website, using and posting photos, cyber insurance, dealing with negative reviews to …
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