Articles by anthony verna

Episode 0: A podcast introduction

Episode 0: A podcast introduction

This is an introduction to the "Law & Business" podcast. My focus in my law practice is on intellectual property.  So, I wanted to discuss a series of questions that a potential client asked me on the phone earlier in the day:  What do I need to...

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Is Your Trademark “Incontestable”?

Once a trademark has been successfully registered, the owner is required to manage, maintain, monitor and enforce the mark.  One step too few owners fully take advantage of is to have the mark deemed "incontestable" by the USPTO.  An "incontestable" trademark means...

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What Does it Mean to File an Intent-to-Use Trademark Application?

Intent to Use Trademark Applications Filing a trademark application at the United States Patent and Trademark Office (USPTO) involves strategic choices regarding the basis for registration, which determines the priority date and potential common-law trademark rights....

When to File a Motion to Dismiss in Litigation?

Understanding when to file a Motion to Dismiss is crucial in Trademark Trial and Appeal Board (TTAB) litigation. This article demystifies the procedural rules, highlighting the importance of meeting pleading requirements in cases involving a Notice of Opposition or a...

Do You Need to Expedite a Trademark Application?

Can a trademark application be expedited? Trademark applications take, on average, 12 months from filing to registration. For most businesses, this feels like an eternity, but it is generally the amount of time needed to get a trademark registered. In some limited...

What are the limits on use of intellectual property in t-shirts?

What are the limits on use of intellectual property in t-shirts? Recently, a friend asked me about the vast world of t-shirts. Yes, t-shirts are ubiquitous. They have slogans, pictures, drawings on them. They communicate something about the creator and the wearer....