Trademarks

RECENT ARTICLES

Trademark search process infographic

Trademark Search and Clearance: Essential Steps Before Registration

December 30, 2023 03:12 pm by LawInc Staff

Seeking federal registration for your trademark? While seemingly straightforward, navigating the United States Patent and Trademark Office (USPTO) process requires understanding key prerequisites that enable smooth approval. This guide outlines critical...

Stylized image representing trademark protection

From Brand to Bland: The Unseen Battle Against Trademark Genericide

December 14, 2023 12:12 pm by Zach Javdan

Understanding the Phenomenon of Genericide When does a trademark stop being a trademark? The curious phenomenon known as “genericide” showcases the occasionally fleeting nature of trademark protection. Genericide occurs when a...

merely descriptive trademark

What is a “Merely Descriptive” Trademark?

November 06, 2017 11:11 am by Jonathan Schmig

Picking a strong mark to represent your business can be surprisingly challenging, especially for young businesses trying to establish themselves in the market. The popular thinking seems to be that...

Register a Trademark

6 Common Reasons for Trademark Registration Refusal

August 23, 2017 02:08 pm by Jonathan Schmig

Trademark registration in the U.S. can be a tricky thing. For one thing, unlike in most countries, trademark registration here is not actually a requirement to enjoying rights in the...

5 Small Businesses Intellectual Property Tips

November 21, 2016 02:11 pm by Jonathan Schmig

For most small businesses, the two most valuable considerations are of course time and money. Which is why many of them often fail to appreciate the importance of intellectual property...

Trademark Specimen

What is a Trademark Specimen?

July 10, 2016 01:07 pm by Zach Javdan

Thinking about registering a trademark? Before doing so, you need to think about what you will use as your trademark specimen. A trademark specimen is required when registering a trademark...

What's The Difference Between Common Law & Registered Trademarks?

May 29, 2016 02:05 pm by Jackson McNeill

Trademarks prevent others from using your logo, slogan, or other mark. But trademark law is confusing. You may have even heard that there are multiple types of trademarks: registered trademarks and...

How To Lose Your Trademark: 4 Common Mistakes

May 16, 2016 04:05 pm by Sheren Javdan

Too often, trademark owners make the common mistake of failing to comply with trademark requirements after their marks have been registered. Much to their dismay, they lose their rights to...

The Curious Trademark History of Sriracha Sauce

May 12, 2016 11:05 am by Jonathan Schmig

Is it “Sriracha” or “sriracha”? The capitalization, or lack thereof, actually carries some surprisingly potentially massive implications. According to the U.S. Patent and Trademark Office (USPTO), the correct rendering would...

Small Business Owner Wins Trademark Battle With Chick-fil-A

December 23, 2014 01:12 pm by Sheren Javdan

Bo Muller-Mo, a Vermont T-shirt maker and small business owner, has won a 3-year legal battle against Goliath fast food chain Chick-fil-A, over a slogan trademark. After Muller-Moore filed a...