Trademark rights in a book title are not ordinarily available. Trademark protection doesn’t extend to titles of single pieces. Even massive sales of a single work cannot create the necessary source-indicating quality that a trademark requires. So if your book…
When an Section 1(b) intent-to-use trademark application receives a Notice of Allowance, the applicant has six months to file an acceptable statement of use to prove that the applied-for mark is being used in commerce. Applicants that fail to file…
I was in Santorini a few months ago and saw this sign. Clients frequently have trade dress aspects of their business that are worthy of protection, but they aren’t sure about how to advertise them. This sign illustrates a classic…
I saw on TV the other day the perfect gift for your favorite trademark attorney or advertising executive. Test their subject matter knowledge with the LOGO board game. Spin Master, a Canadian company, has developed a game tapping into the marketing…
Lara Pearson, operator of the brandGEEK website, has created an avenue for victims of trademark bullying. Those who feel they have been wrongly pushed around by someone exerting a little too much influence with a trademark can complain at Brand…
Disclaimers are a frequently raised issue by the Trademark Office. I see such rejections most often when a mark owner files the application himself and includes too much material in the mark, but they do occasionally arise when a trademark…
Trademark applications mature into trademark registrations and can be very important and valuable assets for a business. Anyone can file a trademark application, and most people can successfully “register” a trademark. However, the value of a DIY trademark is dubious,…
This morning I saw a Dex commercial urging the viewer to “Dex it” when they needed to look something up. Dex it? Instead of Googling searching online for it? Well, first off, I have opted-out of receiving most telephone books,…
Every once in a while, I get offers to buy domain names in my field – arizonacopyrightatttorney.com or arizonapatent.com, things like that. I have yet to buy one, but I am sure they aren’t cheap – several thousand dollars, perhaps….
The way a store or restaurant looks is often central to the success of business. It is often also an asset of the business that can be protected as trade dress. Restaurants and stores (successful ones, at least) tend to…