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

Brand Protection in China

Important new amendments to the Trademark Law and The Implementing Regulations of Trademark Law of the People’s Republic of China came into effect on May 1, 2014, as mentioned in our earlier publication China Adopts First...more

What Trademark Filing Trends Reveal About Expected Brand Growth – and What it Means for Your Global Brand Protection Strategy

The 2013 Trademark Report by Thomson Compumark provides an overview of trademark activity across 186 countries, including the most active product and services Classes and a revealing by-market breakdown that examines filing...more

Emerging Markets: Opportunity, Risk, and What it Means for Brand Protection  [Video]

Monica Riva Talley, director at the intellectual property law firm Sterne, Kessler, Goldstein & Fox, P.L.L.C., discusses the opportunity and risk presented by emerging markets, and what it means in terms of a global brand...more

Anti-counterfeiting: protecting your brand – why it is important and how to do it

Intellectual property (“IP”) is often the DNA of a business. A brand can be integral to reputation, revenue streams and goodwill. However, protecting IP is becoming increasingly difficult, particularly with the proliferation...more

That look’s a steal: K&L Gates advises on how to protect against copycats

There are plenty of businesses making and selling garments in the rag trade and all of them are trying to stand out from the crowd. Each label is looking for their point of difference and, for a large number of brands, their...more

At the Crossroads - Brand integration deals involve copyright, trademark, and insurance considerations

At the crossroads of Hollywood Boulevard and Madison Avenue, a variety of legal and business issues must be considered and addressed in order to set the stage for a successful brand integration deal. In the historical...more

The Perfect Package: A Checklist to Avoid Legal Challenges

Your product teams surely have already finalized their lineup of holiday winners, the new gizmos and must-have widgets that you hope end up on everyone’s wish lists. Unless the product gets noticed by consumers,...more

Apple’s Word Count for Non-Verbal Branding

A picture is said to say a thousand words, and ironically that is almost literally and exactly true when it comes to Apple’s focus on non-verbal icon branding....more

FDA Draft Guidance - Best Practices for Developing Drug Trademarks

In late May, the FDA released a draft guidance document detailing its best practices for developing trademarks for drugs. The draft guidance, entitled Best Practices in Developing Proprietary Names for Drugs, can be found...more

Amazon’s Inability To Register Domain Name .Amazon Is An Interesting Case Study For New gTLDs

Do you want your company to control .app or .restaurant? Applying to operate a generic top-level domain (gTLD) isn’t for the faint of heart. Although several hundred companies ponied up the $185,000 application fee for over...more

Markit to Market - May 2014

In This Issue: - Scammers Still Be...Scamming - Contests – Check Rules Before Offering! - Catalogs as Specimens - gTLD Sunrise Periods Now Open - Excerpt from Scammers Still Be...Scamming: Based...more

Generic Top Level Domains - Current Sunrise Periods 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

Legal Marijuana: New Branding Opportunities, Same Old Infringement

Whether driven by new laws or technology, companies and individuals always push the limits of the law at the beginning. Obvious examples like Napster come to mind, as well as the more dated example of the VCR. Out in...more

Owning a New Look Through Advertisements

We’ve spilled a lot of digital ink on the importance of “look for” advertising when a brand owner wants to legally own a non-traditional trademark like a single color, or perhaps the shape of a product, or even product...more

What’s In Your Wallet, a Cafe?

Since 2000, Capital One Financial — the nation’s largest direct bank – has been promoting its credit card services by asking What’s in Your Wallet? Three years later it began promoting banking and other financial services...more

Law À La Mode: Special Edition – INTA 2014

In This Issue: - MODERNISATION OF THE TRADEMARK SYSTEM: Is Europe on the cusp of trademark law reform? - FROM RUSSIA WITH LOVE: Brand owners face unique challenges in Russia - DETAINING COUNTERFEIT GOODS: New...more

Help Them Help You: Partnering With U.S. Customs And Border Protection To Safeguard Your Brand

Given rapid advances in manufacturing technology and online commerce, counterfeiting has become a serious problem across virtually all business sectors. Despite brand owners’ best efforts, counterfeiting has expanded both in...more

Why “Hours of Energy Now”?

Tim, after shopping at Costco over the weekend, the reason why the 5-Hour Energy folks seem so interested in owning “Hours of Energy Now” became more apparent...more

Law À La Mode - Issue 13 - April 2014

In This Issue: - PRIVACY BY DESIGN? FASHION FLAIR TRANSFORMS WEARABLE TECHNOLOGIES: The rise of the wearables – and the data protection challenges they bring - EFFECTIVELY DELIVERING IT SERVICES IN THE RETAIL...more

Anticipation . . . But, Heinz is Not Keeping Melinda’s Habanero Ketchup Waiting

Last month Heinz, a brand “synonymous with ketchup throughout the world,” and a seller of “650 million bottles of Heinz ketchup each year,” brought a federal trademark infringement and dilution lawsuit in Texas to enforce...more

Brand Wars: Will the Real Ronald McDonald Please Stand Up (and Eat a Taco Bell Taco on Camera)?

Last week, Taco Bell released a TV commercial featuring real men named Ronald McDonald enjoying Taco Bell’s new breakfast items. This is very creative advertising, but is not for the faint of heart. Using a competitor’s...more

Mark It to Market - March 2014

In This Issue: - MARCH MADNESS - A Reminder - Changes to China's Trademark Law - INTA Annual Meeting - Hong Kong - gTLD Sunrise Periods Now Open - The March issue of Sterne Kessler's Mark It to MarketTM...more

Social Media Fan Accounts: Honoring a Celebrity’s Brand or a Trademark Violation?

Social media has become a powerful marketing tool, allowing celebrities to develop their brands and images with the help of Facebook updates or Tweets that can reach millions of fans at the same time. Given the importance of...more

Inventing a Generic Category Name

MillerCoors is currently running this Lite Beer ad, promoting the limited edition original can, and taking credit for inventing the light beer category, way back in 1973....more

Bungle in the Beer Tapper Jungle?

The Sports Bar in the Mirage Resort & Casino, located in Las Vegas, Nevada, is currently sporting a pretty interesting collection of tap beers, from left to right: Bud Light, Goose Island Honker’s Ale, Stella Artois,...more

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