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The Benefits of Working with a Trademark Attorney

In Trademarks by Larry DonahueLeave a Comment

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 …

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Sour Grapes. When Similar Names Create Confusion

In Business Tips, Copyright, Intellectual Property, Intellectual Property, Trademarks by Ben AlbrightLeave a Comment

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 …

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What is the Supplemental Register for Trademarks?

In Business Tips, Intellectual Property, Intellectual Property, Trademarks by Kameron KramerLeave a Comment

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 …

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Can I Trademark the Zia?

In Intellectual Property, Trademarks by Kameron KramerLeave a Comment

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 …

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I Received an Office Action for My Trademark Application.

In Intellectual Property, Trademarks by Kameron KramerLeave a Comment

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 …

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Finally, Tiffany v. Costco Has Come To a Close.

In Intellectual Property, Trademarks by Kameron KramerLeave a Comment

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 & …

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What Are Trademarks & How Do They Work?

In Trademarks by Ben AlbrightLeave a Comment

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 …

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What is Trademark Infringement?

In Intellectual Property, Trademarks by Larry DonahueLeave a Comment

A trademark is any word, design, symbol or phrase, that identifies the source of a particular product or service. For example, “Apple Computer” doesn’t indicate a computer generally. It indicates a computer produced by Apple Computer Corporation. The golden arches in front of a McDonald’s Restaurant doesn’t indicate “hamburgers,” but hamburgers produced by McDonald’s Corporation. Many business owners get confused …