News & Resources

Trademark Co-Existence Agreements in an Internet World

Have you ever noticed on the internet two businesses functioning under the same or similar trademarks? This is not an uncommon occurrence, but if each business is producing different products or services, there is usually no problem. If the businesses are selling similar products and services in different geographical areas, there may not be a problem. The trademarks are still able to maintain their main function: to distinguish a company’s goods or services from its […]

Continue Reading

Trademark Tip: Why to Register in Black and White

  Consider registering your trademark in black and white. This protects trademark use in all colors, rather than only limiting protection to the colors provided in a color image. If color is vital to your brand, consider two applications: one in black and white and one in your brand colors.

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading