News & Resources

New Immigration Reform Proposal Could Affect Every Part of Current Policy

Author: Crystal Broughan, Intellectual Property Attorney

KISS’ Gene Simmons – and the Importance of a Proper Trademark Search

Recently, The Hollywood Reporter wrote that rock star Gene Simmons of KISS filed a trademark application to register the “devil horns” hand symbol. He claimed that he first used the hand gesture in commerce on November 14, 1974. Unfortunately, the hand gesture may be considered generic, since it is used by many musicians, including being featured on the album cover of the Beatles’ 1966 single, Yellow Submarine/Eleanor Rigby. The gesture is also similar to the […]

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Copyright Law Can Protect Your Company or Product Logo

Many companies take the time to protect their logos with US trademark registration, but certain logos with original artwork can benefit from another level of protection: a US copyright registration. A copyright is also something to consider if the US Patent and Trademark Office (USPTO) refuses to register your trademark. It’s possible that US copyright law may still be able to provide legal protection. Let’s take a look at which logos are eligible and why […]

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Trademarks and Business Names as Domain Names

Two of my clients recently encountered incidents involving domain name disputes. One of my clients received an email from China stating that a Chinese company was going to purchase domain names that included my client’s company name. The company also stated that they intended to file a trademark application that included my client’s company name, as well. The Chinese company wanted to know if the international trademark application and domain names would cause my client […]

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Alert to Trademark Owners

Crystal Broughan, Esq. March 2017 Trademark owners who have multiple products and services listed in a single class may now have to prove that their products or services are actually being used in commerce.  The newly published final rule recently issued by the United States Patent and Trademark Office (USPTO) establishes a permanent random audit program for: 1- Statements of Use filed after a Notice of Allowance is issued for Intent to Use Applications; and […]

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Fraudulent Trademark Solicitations

Often, I receive telephone calls from clients who have received a document through the U.S. mail that looks like official correspondence from a government agency telling the client that there is a deadline to file a document with the Trademark office or offering to manage their trademarks. These solicitations are scams…If you have a pending trademark application or you own trademarks that are registered through the U.S.P.T.O. be careful to read any correspondence you may receive pertaining to the application or registration.

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How to Protect Your Registered Trademark

By Crystal Broughan, Esq. Marks Gray, P.A. Business owners often believe that once they obtain a trademark registration from the United States Patent and Trademark Office (USPTO) their trademark is protected.   But they need to actively protect their trademarks on an ongoing basis. The company should have a protocol in place for the use and protection of their trademark. The certificate of registration is just one form of protection. The strength and distinctiveness of the […]

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