Trademarks Brand

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
News & Analysis as of

Will Starbucks Be a Closer at the USPTO?

We’ll soon see whether coffee truly goes hand in hand with closers, at least in one famous brand owner’s quest for registration of a non-verbal, non-traditional color trademark at the USPTO. I’ve been noticing Starbucks focus...more

Trademarks on the Internet: Are Consumers Really this Clueless?

Are you unaware of the difference between search engine searches and the search results? Do you believe that a search engine can read your mind and return exactly (and only) the results you expect to receive? Is this your...more

Trademark Grammar, Concerns, and Cliches?

The Minneapolis-St. Paul International Airport is currently running this advertisement from a local law firm highlighting its “Total Partnership” program (BTW, love the website video, linked here):Although the use of the term...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

Washington’s NFL Team and U.S. Customs

Last week the NFL franchise that plays football near — but not in — our Nation’s Capital, was dealt another significant legal and public relations blow that would have any rational brand owner working overtime on its...more

Upcoming Changes in Canadian Trademark Law

Canada has amended its Trademark Law, and although the amended Law's effective date is not yet known, brand owners can expect three significant changes to Canadian trademark law practice. First, to U.S. brand owners...more

Absolut Apologies, Comparisons, Truncations

It has been a while since a billboard campaign has caught my interest and attention, but the currently running Absolut Goes Dark ads are an exception worth noting...more

MarkIt to MarketTM | June 2015

In This Issue: - Hashtag Trademarks: #ItsAllAboutTheUse - Upcoming Changes in Canadian Trade Mark Trademark Law - Changes in U.S Certification Mark Requirements - gTLD Sunrise Periods Now Open - The...more

Protecting Your Trademark from “.sucks” and “.porn”

Thousands of new generic top-level Internet domains (“gTLDs”) are opening up for registration. While many of these new gTLDs provide marketing opportunities for companies and other entities—for example, financial institutions...more

How to Properly Use Your Trademark -- Part II

Part I of this mini-blog series focused on how to ensure your trademark keeps its status as a source identifier for years and years to come. However, there is so much more to ensuring you are using your trademark to the best...more

Corporate Housekeeping Tips: Keeping Your Website in Tip Top Shape

Among the other areas of your business that you need to keep in order, don’t forget your website. Your website is the company’s digital storefront to the public. Protecting it is paramount to protecting your brand. Below is a...more

Going YARD with the VARO Brand for Batters?

Time spent with my boys in Omaha at the College World Series is hard to beat. Although, last year, Father’s Day weekend was hard to beat too. And, the archives indicate five years ago was pretty wonderful as well. Basically,...more

I’ll Take a Trademark, Up, With a Twist

Indeed Brewing Company, a popular brewery here in Minneapolis and a favorite of mine, announced that they were revamping their acclaimed packaging. A story in the Minneapolis-St. Paul Business Journal unveiled their new...more

A ‘Clothes’ Call: Anticipating IP Issues in Partnerships

Breaking up is hard to do, in business as in life. Take the story of ‘T’ and ‘M.’ Fresh out of school, T had the vision for a clothing line. The line would be a blend of two cultures, just like its creator: Peruvian and...more

When is enough, enough with trademark applications?

How many trademark applications should I file and for what goods and services? These are two critical questions to any filing strategy, and a close second is how often should I file? The answer to how many applications...more

Filing a New ITU Trademark Application? Be Prepared to Prove Your Intent

Staking an early claim to a brand has inspired many hasty (and sometimes ill-advised) trademark applications. For example, trademark applications representing political rallying cries and pop culture slogans such as JE SUIS...more

Pepsi’s Next Generation: The Last Generation

Back in the 1960s, Pepsi burst onto the scene by announcing to the youth of decade that they were the Pepsi Generation (they didn’t have a choice). Then, in the 1980s, Pepsi became “The Choice of a New Generation.” And...more

Is Brewer’s BOSTON 2024 Ahead of Its Time?

Boston Beer Corporation, makers of Samuel Adams beer, received approval for its intent-to-use trademark application for the word mark BOSTON 2024 for “beer,” which generated some news buzz in light of the city’s bid for the...more

Three worlds: Domain names, trademarks and trade names: Understanding the differences between the three can help you to avoid...

When we talk about the brand or the identity of a company, we often think of these three things as being synonymous: the company’s legal name, under which it is registered with a state government (its business name or trade...more

Modern Hieroglyphs: Intellectual Property Signs of the Times

You see them every day; those funny-looking characters and symbols splashed all over goods and advertisements.  ?.  ?.  Our friends “TM” and “SM” and even ?.  Like modern hieroglyphs, we know that these symbols have some...more

Does your brand occupy the field? Check-the-box versus strategic planning

Protecting your brand through a federal trademark registration is a straightforward and appropriate step that almost every business should take. In fact, for many businesses a strong brand may be their single most valuable...more

Why you must monitor for conflicting brands

Trademark rights in the U.S. are based on use — on actually selling goods and services in connection with a trademark. However, most businesses understand that obtaining a federal trademark registration at the U.S. Patent and...more

#Trademarks?: Hashtags as Trademarks

Hashtags have become ubiquitous in social media, but their status as intellectual property—particularly as trademarks—is still developing. First adopted by Twitter users to link user posts, hashtags are character strings...more

Trademark Dos and Dont's: Conducting a Trademark Clearance Search

So you’ve come up with a creative name for your business or your product. You have thought hard about it, and probably feel a vested interest in this name. The next step in protecting your name is to conduct what is known as...more

YourBrand.sucks — Unless You Act Now!

As the INTA Annual Meeting winds down, one memory for me that certainly stuck out was an on-site ad campaign revolving around the new “.sucks” top-level domain (“TLD”). Depending on whom you ask, it’s either ingenious or...more

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