I. Trade Dress Is Either a Trademark or Service Mark.
“Trade dress” functions as either a trademark or service mark. A “trademark” is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent,...more
9/9/2021
/ Acquired Distinctiveness ,
Aesthetic Functionality ,
Dilution ,
Infringement ,
Inherently Distinctive ,
Intellectual Property Protection ,
Registration ,
Service Marks ,
Trade Dress ,
Trademarks ,
USPTO
Prosecution of a U.S. trademark application is the process by which an application moves through the United States Patent and Trademark Office (“USPTO”) after being filed. Prosecution is often a more lengthy and costly...more
Many people have misperceptions about what intellectual property (IP) protects, and some common IP misconceptions are debunked below.
(1) Ideas Cannot Be Patented.
Only inventions can be patented. The legal...more
11/1/2017
/ Abstract Ideas ,
Computer-Related Inventions ,
Copyright ,
Copyright Infringement ,
Inducement ,
Intellectual Property Protection ,
Inventions ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Software Patents ,
Trade Dress ,
Trademark Infringement ,
Trademarks ,
USPTO
This article analyzes trademark rights depending on: (1) whether a user is relying on common-law rights or a federal trademark registration, (2) the effective date on which a user’s rights began, and (3) the geographical...more
I. Adding Distinctive Terms or Logos to a Descriptive or Generic Term Will Not Protect the Descriptive or Generic Term.
A descriptive trademark1 is one that immediately brings to mind a use, purpose, function,...more
I. Conducting a Clearance Search -
A clearance search is an investigation to determine whether a new trademark1 can be used without interfering with an existing, senior trademark. No matter how unique you think your...more
1. The Difference Between a Trademark, Service Mark, and Trade Dress.
A trademark is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent, sound, device, or combination thereof that...more
9/22/2016
/ European Union Trade Mark (EUTM) ,
Federal Trademark Register ,
Foreign Trademark ,
Intellectual Property Protection ,
Scams ,
Service Marks ,
Trade Dress ,
Trademark Policing ,
Trademark Registration ,
Trademarks ,
Use in Commerce ,
USPTO
I. History -
There are two generally accepted origins of trademarks: pottery marks and the branding of livestock, both of which are believed to date to about 6,000 B.C. Marks on pottery or bricks first served the...more
Protection Mechanisms in the United States.
After selecting your mark, the next step is to decide how to protect it. In the United States, there are three basic types of trademark protection: (1) common-law, (2) state...more
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
I. Determining the Strength of Your Mark.
The strength, or scope, of a trademark as used in the marketplace is determined by a multi-factored analysis called the likelihood of confusion test, and the scope can differ...more