Brand Trademarks

News & Analysis as of

Selecting a Unique Brand for your Cannabis Business

All brands should strive to be unique. However, it is particularly important that businesses in competitive industries, like the cannabis industry, adopt brands that are highly distinctive and unique. Why? In competitive...more

Distillations: A Toast to Champagne

Welcome to the first in a series of Distillations blog posts on Fish Trademark & Copyright Thoughts. Distillations will discuss notable decisions and developments in trademark and advertising law as they relate to the beer,...more

MarkIt to Market® | February 2017

The February 2017 issue of Sterne Kessler's MarkIt to Market® discusses navigating the lifecyle of an eponymous brand and lists the new gTLD Sunrise periods. Please see full newsletter below for more information....more

Hong Kong: Update - Proposed application of Madrid System of international registration

For a long time, brand owners wishing to secure registered trade mark rights in Hong Kong have had to do so by obtaining registrations through the Hong Kong Trade Marks Registry. Even though China is a contracting party to...more

California’s Bill to Add Marijuana Trademark and Service Mark Classifications

On December 12, 2016, Assembly Bill No. 64 (AB 64) was introduced to California’s legislature, with the stated purpose of (1) furthering the intent of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), a...more

[Events] International Brand Protection and Enforcement: Best Practices and Key Insights for the United States, Europe, and China...

Please join us for an interactive roundtable discussion with experienced trademark practitioners from the United States, Europe, and China, offering industry considerations and practical insights on where the laws and...more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

Protection of Marijuana Brands in the United States

Brand protection for companies engaged in marijuana-related businesses continues to present special challenges given the federal prohibition on the sale, distribution, and possession of marijuana under the Controlled...more

Four Steps to Protect Your Brand on Social Media

Howard Schultz, the CEO of Starbucks, once said that, “If people believe they share values with a company, they will stay loyal to the brand.” With the rapid proliferation and acceptance of social media over the past decade,...more

Who’s Watching (What) You Create?

This past weekend, with what appears to be our first lasting snowfall, I enjoyed following my daughter around the chilly alleys of downtown Minneapolis while she created for her photography class. As you can see from the...more

Avoiding Disaster - the Importance of an Intellectual Property Protection Plan for Breweries, Wineries and Distilleries

An effective intellectual property protection strategy is vital for almost every business, but is perhaps even more important for businesses such as breweries, wineries and distilleries where much of their product...more

No Thanksgiving Turkey for Campari

It is common practice for businesses to engage in trade mark licence agreements as a means to facilitate building brand awareness. However, the High Court of Australia's refusal to grant special leave to appeal the Full Court...more

Can Internet Comments and Search Results Prove Trademark Infringement?

You’ve selected a unique trademark, marketed and sold products under the brand, and continue to build up a base of satisfied customers. But then a new company emerges with a very similar trademark, piggybacking on your...more

Half Baked: The Brave New World of Branding Weed

In last week’s election, California voters passed Prop 64, which means recreational marijuana can be sold and used by persons over 21 within the state. But don’t get excited about the gold rush just yet. Recreational...more

Branding Buds – Still Illegal Under Federal Law

If voters in California approve Proposition 64 which would legalize the possession and use of marijuana for recreational purposes, it is without question that the sunshine state will see a huge increase in the number of...more

Back to Basics: Trademarks Part 1

In the most general sense, getting a trademark protects your brand. A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of another. By...more

Cubs – The Brand

As I write this, the Cubs are getting ready for game six of the World Series. It’s win or go home for the Cubs, who are undoubtedly hoping to force a game seven on Wednesday. They are undoubtedly hoping to win game seven as...more

Branding Revisited: Takeaways From the 2016 Managing the Trademark Asset Lifecycle Conference

Last week I was fortunate to attend the Managing the Trademark Asset Lifecycle Conference, hosted by World Trademark Review. The topics discussed throughout the day touched on everything from assessing portfolio strength and...more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more

MarkIt to MarketTM - September 2016

The September 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses protecting color as part of brand identity, and announces the new gTLD sunrise periods. Please see full Newsletter below for more...more

Trademarks in Telemark: Five Brands and Other Things to Look For at PTMG in Oslo

I am excited to be traveling to Norway next week to attend my first conference of the Pharmaceutical Trade Marks Group in Oslo. Not having been to PTMG before, I can’t offer much insight on the conference, but since I lived...more

An OXI Surprise

One of the blessings of homeownership is the surprise that accompanies a major appliance breakdown. I had the pleasure of experiencing one of these events over Labor Day weekend when my dryer decided it was done working. ...more

Key Considerations For Foreign Manufacturers That Wish To Sell Products In The United States

Last week, I had the privilege of speaking at the American Bar Association’s Business Law Section Annual Meeting in Boston.  The title of my presentation was:  “Key Considerations for Foreign Manufacturers That Wish to Sell...more

Have Sense About Scents

In today's marketplace, companies are constantly seeking their moment, day, or --if they are lucky--year on the top of the "best of" list for new, unique, and/or fabulously redesigned goods or services. The sheer number of...more

Legal Concerns for Social Media Influencers: Intellectual Property

Social media “influencers” – individuals who are powerful, popular and relevant enough to influence others within their online social sphere – generate ad dollars, product endorsement opportunities and other revenue streams...more

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