In the United States, you get trademark rights by using your trademark in commerce. When there is a dispute over a trademark, a major issue is determining which party had trademark priority. In other words, “who established rights first?” You should file your trademark application as early as possible to prevent a situation where someone else … Read more
One thing that I commonly hear from clients is that it is difficult to come up with a good trademark. When going through the trademark search process it can sometimes seem like “all the good ones are taken.” Running into conflicts every time you think of a new name can quickly become frustrating. However, trademark … Read more
Trademark scams have been around for years. There are many companies running these hoaxes, despite crackdowns and criminal prosecutions. They send letters to trademark applicants saying that they require additional fees. And some people will send them hundreds of dollars. The above letter is an example that one of my clients received. This post will … Read more
New business owners often choose to get their start in the clothing industry. They usually have a catchy name or slogan that they want to put on a shirt. And like other business owners, they want to protect their brand. However, it’s important to understand the difference between ornamental use and trademark use for a … Read more
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