The purpose of trademark law is to protect branding and to prevent consumer confusion as to the source of products and services.  If you own a business, you most likely already have trademark rights, regardless of whether you have registered your trademark with the U.S. Patent & Trademark Office.  This may come as a surprise … Read more

The most common question about trademarks is probably also the most basic: what are they?  The “impress your friends” answer to that question is that trademarks are typically a word (or words), phrase, logo, or symbol used in connection with the advertisement or sale of goods or services, and acts as an indicator of the source of those goods … Read more

Trademark rights in the United States are primarily based on use of the trademark.  To establish trademark rights, you generally have to have “use in commerce” of your trademark with products and/or services.  Once use is established, you can acquire common law trademark rights.  However, these rights are relatively limited.  Through federal trademark registration with the … Read more

Most people have never consulted with an intellectual property attorney, but still understand the most basic principle of intellectual property: that creations or inventions can be owned the same way that you might own a house or a baseball card collection.  Although they are frequently bundled together under the term “IP,” there are actually several … Read more