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

You May Not Be Entitled To Use Your Own Name

Working with several artisan food and alcohol producers as clients, we frequently notice that using one’s own name (first, last, or both) as a brand name in association with one’s goods is very common in these industries....more

New Canadian Trademark Requirements Will Create Challenges, Opportunities For Brand Owners

Beginning in 2015, significant changes to Canadian trademark law likely will go into effect. Because the United States is by far Canada’s most important trading partner, and Canada is the leading destination for U.S. exports,...more

Good(s) Intentions – What's Enough to Establish Bona Fide Intent to Use?

When used effectively, brand and merchandise licensing can increase the value of a brand by extending it into new, relevant product categories and by further monetizing brand equity. And when seeking to protect a brand in...more

Pass the Trademarks Please

Now that Thanksgiving is over, Americans across the country are taking some time to relax, reflect, and digest. I know I will be doing all three, after enjoying a wonderful Thanksgiving Day surrounded by family, friends,...more

The Shiny Bright Red Holiday Star Brand(s)

In the context of the holiday season, what comes to mind when you see a shiny bright red star?...more

Trademarks as a Barometer of Change: A Pop Quiz

Designed to appeal and speak to the customers of a specific time and place, trademarks can become hallmarks of a bygone era. The controversy surrounding the use of the REDSKINS trademark and logo shows just how much...more

What Exactly Is A Trademark?

A trademark is the legal term for what is commonly known as a brand. It is a word, phrase, symbol or design (or any combination of these) that identifies and distinguishes the source of the goods of one party from those of...more

Frozen - An IP Fairy Tale

On this especially cold day in the Northeast, my thoughts are on the coming winter. And winter reminds me of the cold, and of feeling frozen. And the word frozen reminds me of Disney’s Frozen, the highest-grossing animated...more

Oktoberfest Special: Störtebeker, What’s in a Beer Name?

We brand geeks at MarkIt to Market occasionally like to explore the history of interesting trademarks. A recent visit to Germany inspired a look into the history of the Störtebeker beer brand, which derives its name from one...more

Mayhem: Ahem, Metaphorically Speaking

Metaphors are a good choice for trademarks. A metaphor typically requires some thought, imagination or perception to understand the connection between the mark and what’s for sale....more

Fan pages and social media – who shall be blamed?

Internet liability are increasingly tested with the growth of social media. And we receive a large number of requests of advice from clients running a fan page, a group or a list on social networks dedicated to either their...more

Keeping Up With the Kardashian’s Trademark Lawsuit

Whether you love, hate, or are indifferent to the Kardashian franchise, the Kardashian sisters undeniably know how to market and brand themselves and their products. In December 2012, the Kardashian sisters hoped to...more

Brand Experience

The Atlantic’s recent article, Buy Experiences, Not Things, addresses the fact that while, as consumers, we tend to think we want more material things, what really makes us happy are experiences. Anticipating experiences,...more

ICANN’s gTLD Program – A Look Back and Forward

ICANN’s new Generic Top-Level Domain (gTLD) program has been in full swing for over a year now, so it seems an apt time to examine some statistics as to how brands are engaging with new gTLDs, utilizing the Trademark...more

Coca-Cola’s Significant Interest in Zero Marks

Coca-Cola just announced it is introducing Coke Zero in India, which will make it the sub-brand’s 149th market in the world, a truly remarkable reach. As the popular Coke Zero brand is approaching its tenth anniversary...more

International News: Focus on Mining and Metals

In This Issue: - Features ..Investors in Africa Benefit from Regional Trading Blocs ..Understanding the COMESA Merger Control Regime ..Protecting Your UK Business Against Departing...more

Proper Trademark Selection to Create a Strong Brand

What a Trademark is and What it Does. A trademark is any word, name, symbol, or device, or combination thereof, used to identify and distinguish the goods (i.e., products) of one supplier from those of others. A...more

A Less Possessive Hershey’s Brand?

The possessive form of the Hershey’s brand dates back to at least as early as 1894, according to U.S. Reg. No. 54,041 – a more than 100 year old trademark registration from 1906....more

Choosing a Trademark

Two-Fold Purpose of Trademarks - Customers know a business and its goods and services by its trademarks. Trademarks are source identifiers that indicate the origin of goods or services in the marketplace and...more

Challenging Delegated Top-Level Domains: ICANN’s Trademark Post Delegation Dispute Resolution Procedure

This year, hundreds of new generic top-level domains (gTLDs) are changing the landscape of the Internet. The long-awaited result of ICANN’s new gTLD program, top-level domains such as .NYC, .WINE, and .WTF will now join the...more

InterConnect - Summer 2014

In this issue: - Don’t Sail Too Close to the Wind: Enhancing Awareness of Intermodal Shipping Documents - NEMF Class Action Settlement Serves as a Reminder to Carriers to Ensure FCRA Compliance in...more

Trademark Pronunciation Revisited

Remember this little gem on trademark pronunciation from the DuetsBlog archives two years ago? - Open Wide and Say Ahh: Probing Brand Name & Trademark Pronunciation Judging from a search of Google, the JD Supra...more

Duke, Hershey, and Winston: Who gets to trademark a famous name?

Common sense tells you that you can always use your own name. But under trademark law, that’s not always true. Three recent cases illustrate this conundrum, which plays a major role in many Internet marketing and domain name...more

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

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