Reproduction of Trademarks in Photos
Have you ever taken a photo of a busy city street filled with billboards and neon signs? Or maybe a shot of your new car to show it off to your friends? Have you gone around your home identifying photographing…
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I'm Selling a Company And Its Trademarks What Do I Need To Do
When you purchase a trademark, there is no requirement that you record the sale, but it sure is a good idea. Why? Take this example: Owner A sells a trademark (and the underlying goodwill) to buyer B. Buyer B never…
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You Can't Change a Trademark Goods and Services Description
Once you’ve filed your federal trademark registration application, you’ve more or less cast it in stone. There are some things that you can change while the application is being processed, but generally, the Patent and Trademark Office is resistant to…
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Preventing Trademark Dilution by Monitoring Potentially Infringing Use
Steve O’Donnell, over at 3C Patent Law, has a nice, quick description of how a trademark owner can lose its rights through dilution. I’ve excerpted some of it here, but read the whole post for a better explanation: Consider this…
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What’s the difference between ® and TM?
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…
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How to Pick a Trademark for your Business, Products, or Services
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…
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Why register a federal trademark?
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…
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Vermonster v. Monster
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…
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The Fraud Standard – In re Bose Corp.
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…
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Forgot to Register a Trademark? You’re not without Recourse
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…