You spot a small ® next to a company logo. Across the street, another business uses ™ on its sign. Same idea, right? Not quite. These tiny symbols carry very different legal weight—and using the wrong one can weaken your brand protection or even get you in trouble with the federal government. If you own a business, protect a logo, …
What Happens When You Sell Your Name?-The Hidden IP Risks of Business Sales
Why Your Name May Be Intellectual Property Building a business from the ground up requires massive amounts of time, energy, and personal sacrifice. For many founders, the business becomes a direct extension of their identity. This connection often results in founders naming their companies after themselves. When it comes time to sell that successful business, an eager buyer will naturally …
What’s the Difference Between a State Trademark and a Federal Trademark?
If you’re a small business owner or entrepreneur, protecting your brand should be a top priority. Trademarks are a critical step in safeguarding your logo, slogan, business name, and other identifying assets. However, when choosing between a state trademark and a federal trademark, many are unsure which path to take. Both have their merits, but they serve different purposes depending …
The Benefits of Working with a Trademark Attorney
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 …
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 …
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