News & Resources

Can You Trademark Disparaging and Scandalous Words?

Two major court cases in 2017 asked the question: can the government prohibit the registration of trademarks that may be considered defamatory or offensive? In 1905, The Trademark Act forbid the registration of scandalous and immoral trademarks. Then, in 1946, section 2(a) of the Lanham Act went further, prohibiting the federal registration of marks that were immoral, scandalous, or disparaging. But while these limitations may be the law, were they constitutional? Many believed that this […]

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Grumpy Cat Elated to Win $700k Lawsuit (But You Wouldn’t Know It)

You may know the internet celebrity Tardar Sauce by her more popular name, Grumpy Cat. She has been the subject of numerous memes. One of the most famous reads, “I had fun once. It was awful.” But you may not be aware that her owner, Tabatha Bundesen, formed the company Grumpy Cat Limited to capitalize on the cat’s permanently grumpy expression. Since then, Grumpy Cat has made numerous TV appearances, including Today, Good Morning America, […]

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Can You Register Your Domain Name as a Trademark?

A domain name can become a trademark only if it is used as a trademark. Simply registering a word or words as a domain name does not itself establish trademark rights. Remember, a trademark identifies and distinguishes the source of goods or services. The key is whether the trademark has been used to make such a visual impression that consumers would see it as a symbol of origin separate and apart from anything else. The […]

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How Much Will It Cost to Register My Trademark? – Part Three

The most common question I hear from potential clients is, “How much will it cost to register my trademark?” Since there are many variables that come into play when registering a trademark, there is no set answer. In previous posts, I covered several issues that need to be considered, including current use, the type of trademark, where you will do business, and where you want to file your trademark application. In the final post of […]

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How Much Will It Cost to Register My Trademark? – Part Two

The most common question I hear from potential clients is, “How much will it cost to register my trademark?” Since there are many variables that come into play when registering a trademark, there is no set answer. In this three-part blog series, I share the issues that need to be considered before an estimated price can be provided. In my first post, I covered some of the initial, basic questions you will need to answer. […]

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How Much Will It Cost to Register My Trademark? – Part One

The most common question I hear from potential clients is, “How much will it cost to register my trademark?” Since there are many variables that come into play when registering a trademark, there is no set answer. In this three-part blog series, I will share the issues that need to be considered before an estimated price can be provided. This first post covers the initial, basic questions that you will need to answer. Are you […]

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