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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…
Bolstering a Licensee’s Rights in Contract
When a trademark, patent, copyright, or other right is the subject of a nonexclusive license, we often think about what sort of restrictions the property right owner should place on the licensee. However, there may be very good reasons for…
Specimens Showing Use of Service Marks
The Trademark Office issued examination guidelines this week regarding service mark specimens.
What happens when a trademark owner dies?
When a trademark owner dies, there can be uncertainty in who owns the trademark or whether the trademark is even still valid and subsisting. There is always an owner of a trademark, usually a company but sometimes an individual. No…
Changing the Applicant Name in a Trademark Application
In the past year, I have dealt with one issue more times than I have in the previous ten years of practice: correcting or changing the applicant name in a trademark application during prosecution. Apparently trademark applicants are mis-identifying themselves…
Obtaining Consent to Register a Trademark in a Name
When a mark in a trademark application includes a name, portrait or signature of a living individual, that person’s consent must generally be sought before the Trademark Office will register the application. This is to prevent the registration – and…
I would guess “no”, am I correct? You know what’s strange… the websites of both businesses were registered at the same time. You just don’t see that often. Maybe one was trying to imitate the other?