Trademark Law Articles

Is a hashtag on Twitter a trademark?

Is a hashtag on Twitter a trademark?  Can you trademark a hashtag? Can you trademark a hashtag? In today’s digital age, businesses are leveraging the power of Twitter to promote their goods and services through impactful hashtags. These concise symbols not only...

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Can I “Trademark My Name”?

Can I “Trademark My Name”?

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...

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Why is a Trademark Search Necessary?

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...

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Trademarks Live, Die, and Return

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)...

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Video Blog 14: Celebrities with Trademarks do not Have Superior Rights than You

Recently, I've had a lot of people send me emails. They're asking about celebrities and trademarks. Why? Well, Tom Brady filed for something called TOM TERRIFIC, although I think that nobody calls him that. And, recently, LeBron James filed for TACO TUESDAY in...

Foreign Applicants: New USPTO practice rule is now in effect!

The USPTO has issued Examination Guide 4-19 (August 2019), entitled "Requirement of U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants." (pdf here). This was discussed on a previous video blog, also:...

Verna Law Video Blog 12: Intent to Use Trademark Applications: Business Plans Needed

Intent-to-use trademark applications. An intent-to-use trademark application requires some other evidence, if it is challenged in court, to show that the applicant has a bona fide intent to use the mark in commerce. If you have a trademark or brand to protect, call...

Video Blog 10: Mickey Mouse, Expiration of Copyrights, and the Intersection of Trademark Law

The Great Gatsby will lose its copyright and go into the public domain in January 2021 and Ernest Hemingway's The Sun Also Rises also will fall into the public domain in January 2022. On January 1, 2024, society will see the expiration of the copyright for the short...