A misdescriptive mark is a mark that could describe a characteristic of the goods/services, but actually doesn't. For example, if your mark were "Lightest Lead" for pencils, but there is no lead in the pencils, then the mark is misdescriptive, because lead can be a...
While at the 35th Annual Marketing Law Conference hosted by the Brand Activation Association, an assistant attorney general of the state of California said that California's position is that any business with a website is doing business in California and that the...
While many small businesses do not believe that the Federal Trade Commission is enforcing its regulations on deceptive advertising, the FTC has updates on recent fines. What are some recent FTC consent orders and settlements based upon false and deceptive advertising?...
Understanding the Process: How to Trademark Your Name Are you ready to "trademark your name" and establish a strong brand identity? Before diving into the process, let's explore what it truly means to secure a registered trademark for your business. You are looking...
Conducting a Comprehensive Trademark Search: Safeguarding Your Business A trademark search is necessary for due diligence purposes. Why a Trademark Search Matters Ensuring the success and longevity of your business requires a comprehensive trademark search for due...
The Significance of the Copyright Symbol: Understanding Copyright Notice in the Digital Age In the realm of copyright law, the use of the copyright symbol serves as a valuable practice, known as "notice," according to attorneys specializing in copyright law. This...
Quite often, one of the issues that we see is a business that is set up around works that fall under the purview of the Copyright Act do not properly secure those copyrights. It is necessary to review the purpose of the work that the business needs. Is the business...
Trademarks Live. The Lincoln Futura: Car enthusiasts will remember this concept car from the 1950s. Television enthusiasts will remember that it was the basis for the Batmobile from the Adam West “Batman” series. Trademarks Die. In 2005, Ford (owner of Lincoln)...
Unlock the Power of Professional Trademark Registration Many entrepreneurs attempt to cut costs by personally handling their Federal trademark applications. However, unbeknownst to them, there are significant pitfalls in navigating the application process solo. What...
File early (It’s true for trademarks, also) Your time to file for patent protection is limited and patents should be...
Intent to Use Trademark Applications Filing a trademark application at the United States Patent and Trademark Office...
Understanding when to file a Motion to Dismiss is crucial in Trademark Trial and Appeal Board (TTAB) litigation. This...