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...
The final steps in a Trademark Trial and Appeal Board (TTAB) case involve the trial period, submission of evidence, and the potential for oral arguments. Here's a breakdown of these crucial stages: Trial Period and Evidence Submission Initiation of Trial Period: After...
Sensoria Wins Court Ruling and Becomes Registered Trademark Kravitz & Verna PLLC won a motion to dismiss in the Trademark Trial and Appeal Board (“TTAB”), in a case in which the trademark of SENSORIA from Heapsylon LLC was threatened. The case is Feel the World,...
Navigating Trademark Infringement: A Comprehensive Guide Introduction: Dealing with a trademark infringement lawsuit is a complex and challenging process. At Verna Law, P.C., we often assist client who face such a legal challenge. This experience prompted us to share...
Is the Registered Trademark Symbol (®) Crucial? Absolutely! According to the Lanham Act, failing to use the registered trademark symbol or an equivalent notice can have serious implications. Under 15 USC § 1111, in any infringement suit, a registered trademark owner...
Acquired distinctiveness refers to distinctiveness of a trademark that is not inherent, but that rather develops through use of the mark over time, such that consumers associate the mark with a secondary meaning -- as an indication of source -- rather than just the...
Enhancing Trademark Applications: Understanding In-Use and Intent-to-Use Trademarks in the United States In the realm of trademark applications within the United States, two distinct categories come into play: In-use trademarks Intent-to-use trademarks. In-Use...
Title: Trademarks in Music: Can a Song Define a Band's Brand? The name of a song can only function as a trademark if there is another use of the song - in apparel, for example. The title of a single creative work, such as a song, cannot function as a trademark. An...
It is not uncommon for a trademark applicant to ignore the date of first use in a trademark application. This is because it seems as if it is a small detail to a trademark application. However, every trademark application has risk. If your trademark specimen does not...
It is the seventh and penultimate episode of this special mini-series with the Nessa Group, in which the discussion is...
In Episode 51 of the "Law & Business" Podcast, we take a look at a company that makes a plush product that is also...
Verna Law, P.C. currently has cases in the Trademark Trial and Appeal Board, the Southern District of New York, the...