News & Resources

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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Trademark Searches: A Cost-Saving Measure Often Ignored

Businesses often overlook a simple but critical step in establishing a new brand for a company, product or service, a trademark search.  The first step in a trademark strategy for the adoption and protection of a new word or design mark should be the search process.  Often, clients do not budget for a trademark search or ask for a scaled down search process to save money.  In today’s business environment, the value of establishing a […]

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Intellectual Property Frequently Asked Questions: Volume 1 – Trademarks

Intellectual Property Law can be a very confusing topic of conversation with clients, businesses, and friends. Today we are covering our first topic in our recurring Frequently Asked Questions series. Our first topic will cover Trademarks. What is a trademark? Trademarks can be any word, slogan, symbol, design or any combination of these. Some non-traditional trademarks can be a sound, color or smell. A trademark is a brand associated with goods or services to distinguish […]

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So You Want a Trademark for Your Herbs?

A major shift is happening in this country regarding the legalization of marijuana. At least four states have legalized marijuana and more than twenty states have passed laws permitting the use of marijuana for medical issues. As entrepreneurs open up their new businesses selling marijuana and accessories they want to brand their businesses and products. These entrepreneurs are encountering obstacles under federal law when they file trademark applications with the United States Patent and Trademark […]

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