Business Organization Franchise Intellectual Property

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Trademark Essentials

Trademark Essentials, Registration, TEAS, Trademark infringement, incontestability....more

FTC Green Marketing Guides

The Federal Trade Commission (“FTC”) announced the release of revised “Green Guides” on October 1, 2012. The Green Guides are intended to help marketers avoid making misleading environmental claims. The Green Guides are...more

Franchising - what can a franchisee do if things go wrong?

Following on from my article on the franchise agreement I consider what a franchisee can do if his franchise fails despite his or her best efforts. The franchise agreement is likely to contain a term that enables the...more

Trade Marks Shapes More on Protecting Business Names etc

Shapes, smells and sounds can be registered as trade marks as well as words and logos. Business proprietors need to thnk carefully about protecting their intellectual property in times where electronic communcications and low...more

The Importance of LLC Operating Agreements

If your business will be operating as a Limited Liability Company (LLC) then one of the most important business documents that you will create is an operating agreement....more

Foreign Entity Qualification

Once you have decided to create a company, the next question that needs consideration is where to formally, or legally, create your company. The formation of limited liability companies and corporations is accomplished on the...more

The Importance of Trademark Due Diligence

It goes without saying that most entrepreneurs would never consider buying an existing business without first conducting the proper due diligence on it and its present owners. The idea is to try to uncover those more latent...more

USPTO Trademark Office Actions

The United States Patent and Trademark Office (USPTO) reviews each trademark application that is filed in the United States. The USPTO often issues what are known as “office actions” to applicants that describe the legal...more

Understanding Trade Dress

Businesses work hard to develop the visual appearance of their products so that the product is easily recognizable and associated with the good will of the product and company. Visual appearance, like written words or...more

Understanding Trade Secrets

Trade secrets are confidential and specialized pieces of information that are unique to the business and important to its profitability. As such, the law provides special protections for trade secrets....more

Trademark Law Overview for the Entrepreneur

This is a concise article that serves as a quick primer on trademark law for entrepreneurs and small businesses . . ....more

The Grammar of Intellectual Property

Many people, journalists, and judges use language loosely, contributing confusion rather than precise precedent and clear communication. Prominent are the malapropisms of intellectual property: confusion among patent,...more

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