What You Can and Cannot Register as a Trademark
Crystal Broughan, Intellectual Property Attorney Oct 17, 2019 in Intellectual Property
Your business, your ideas, and your art are important to you. You have spent years dreaming up these ideas. And sharing them with the world increases the risk that someone could copy what you have created. One powerful way to protect your work is filing for trademark registration. But you cannot register a trademark for just anything. Learn the rules of what is and is not possible to register as a trademark before you file […]
Continue ReadingA Tale of Tasty Tacos Shows the Importance of a Strong Trademark
Crystal Broughan, Intellectual Property Attorney Oct 10, 2019 in Intellectual Property
Tasty tacos. It is a meal people enjoy eating… and now it’s making trademark history. This story is an excellent lesson in why a business should choose a strong trademark and not a merely descriptive trademark. In 1961, Richard and Antonia Mosqueda opened Tasty Tacos, Inc., a Mexican restaurant that became known for high-quality Mexican food in Des Moines, Iowa. They registered the trademark, TASTY TACOS, with the United States Patent and Trademark Office (USPTO) […]
Continue ReadingCourt Rules Inaccuracies in a Copyright Application Invalidates the Registration
Crystal Broughan, Intellectual Property Attorney Aug 15, 2019 in Copyrights
When it comes to the law, details matter. You need to ensure the accuracy of all information you provide when registering a trademark or filing for copyright. Otherwise, you could find the legal protection of your mark or creative work invalidated due to a technicality. That is what happened to Gold Value International Textile, Inc.’s copyright registration. Here are the facts of this case. Was “1461 Design” Published or Unpublished at the Time of Application? […]
Continue ReadingNew Rule for Foreign Trademark Applicants and Registrants Begins on August 3rd
Crystal Broughan, Intellectual Property Attorney Aug 1, 2019 in Intellectual Property
Quick reminder: the new rule regarding representation for foreign trademark applications and registrations goes into effect on August 3rd, 2019. Recently, I shared the news that all applicants, registrants, and other parties residing outside of the United States are now required to retain a U.S.-licensed attorney for certain activities. This includes both filing any application through the United States Patent Trademark Offices (USPTO) and accessing the Trademark Trial and Appeal Board (TTAB). An Effort to […]
Continue ReadingThe Relationship between Your Business’s Trademarks and Your Website’s Domain Name
Crystal Broughan, Intellectual Property Attorney Jul 25, 2019 in Intellectual Property
We live in a digital age. Your website helps you connect with customers and distribute products in ways that we could have never imagined just a few decades ago. Because of this, protecting your website is just as important as protecting your business’s name. But how exactly does your website play into intellectual property laws? Your trademarks and domain name (the address that customers use to reach your website) are two separate entities. However, you […]
Continue ReadingSupreme Court Rules Brunetti Has Right to Register Scandalous Trademark
Crystal Broughan, Intellectual Property Attorney Jul 12, 2019 in Trademark
We have been following the story of the trademark application for FUCT that was originally filed with the USPTO in May 2011, in Class 25 for clothing, all the way to the US Supreme Court. Erik Brunetti, the owner of the trademark FUCT, challenged the constitutionality of the scandalous clause in the Lanham Act which was used by the USPTO to deny the registration of his trademark. On June 24, the Supreme Court finally made […]
Continue Reading