So You Want To Register Your Trademark: What Do You Need Before You Begin
Crystal Broughan, Intellectual Property Attorney Jan 16, 2020 in Trademark
“I want to trademark my logo, what do I need to do?” This is a common question we hear from potential clients. My first inclination is to let the potential client know that the logo, if it is being used in commerce to identify the source of a company’s goods and services, is already considered a trademark. We need to register the trademark with either the State and/or the United States Patent and Trademark Office […]
Continue ReadingThe Trouble with Tom Brady’s Battle to Trademark ‘Tom Terrific’
Crystal Broughan, Intellectual Property Attorney Dec 5, 2019 in Intellectual Property
Tom Brady’s attorneys recently filed a trademark application for the nickname ‘Tom Terrific,’ and the news quickly spurred backlash from fans of the New York Mets. You see, legendary Mets pitcher Tom Seaver was dubbed ‘Tom Terrific’ by the media long before Brady was ever even a Patriot. Moreover, it seems the athlete’s attempt to get ahead of the bad press has only led to more scrutiny – and a likely denial – of his […]
Continue ReadingLessons Learned at the International Trademark Association Leadership Meeting
Crystal Broughan, Intellectual Property Attorney Nov 21, 2019 in Intellectual Property
From November 19th to the 22nd, I attended the International Trademark Association Leadership Meeting in Austin, Texas. There are 1500 individuals from all over the world gathered in Austin to network with clients, friends, and colleagues and to learn about the latest developments in anti-counterfeiting laws, steps being taken to control illicit trade activities in Free Trade Zones, and updates on trademark law in numerous countries. Two topics I found to be very interesting: the […]
Continue ReadingWhat 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? […]
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