The difference between the two symbols ® and TM is whether the trademark has been registered with the federal government. A mark with a TM signifies a mark that hasn’t been registered; the ® symbol can only be used with…
Picking a trademark is no small matter, nor should it be. A trademark helps define a business’s image and can add significant value to your venture. It distinguishes your company and its products from all others. The report How to…
A trademark registered with the federal government carries a number of advantages over one that has not been registered. First, only federally registered trademarks can be enforced in federal court – so if someone is using your mark illegally, you…
I posted an article a little while ago about the power of social networking in a pre-litigation scenario. Beernews.org put out an article about a cease-and-desist letter that Hansen, owner of the MONSTER trademark, sent small-town Rock Art Brewery, concerning…
Bose isn’t a newly issued case, but I just went to a seminar on it and the fraud standards in trademark and patent matters, so I thought I’d report on it here. Bose opposed the registration of HEXAWAVE, and Hexawave…
I almost always recommend businesses register their trademarks federally; doing so provides many advantages over relying on common law trademark protection. However, it sometimes happens that a mark or a logo slips through and a competitor begins diverting trade by…
2009-1140 In re Michael Sones, opinion by Linn with a dissent by Newman. Michael Sones filed an intent-to-use application for the mark ONE NATION UNDER GOD for charity bracelets. The website where he sold the bracelets initially had no picture…
Last night I attended a Phoenix Chamber of Commerce Valley Young Professionals event called Making a Brand Stronger: Your Company, You, and Your City. The hosts, David and Sam PR, spoke mainly about Phoenix’s image as a national city and…
Decided: July 1, 2009 Appellant Smith, a member of the Shinnecock Indian Nation, filed two applications for trademarks. Both were rejected, and Smith appealed to the TTAB. The TTAB affirmed, and Smith appealed to the Federal Circuit Court of Appeals….