In my many years as an IP attorney, I have helped businesses with countless trademarks. Over this time, I have not only become well-acquainted with trademark law and the value and reasons for registering a trademark, but also the types of questions and concerns people typically have about the process. Because of this, I compiled some of my advice and knowledge in an eBook — Trademark Basics and Best Practices for Businesses. It is now […]Continue Reading
Time to Tell a Story
Now is a time when many businesses are rethinking their marketing and branding strategies in an effort to distinguish their business from their competitors. One helpful way to do this? By telling your business’s story. At the heart of every business is a story that creates the culture and path of that business. ASTORYO® is a local business that helps businesses and individuals share their stories with anyone who wants to learn or just be […]Continue Reading
What Is a Specimen of Use in Commerce for Trademark Registration?
Have you ever had a trademark application rejected because the specimen of use in commerce was not acceptable? This can be very frustrating if you do not understand the United States Patent and Trademark Office’s (USPTO) requirements for submitting specimens. An applicant for trademark registration must attach specimens of the trademark being used in commerce when an in-use application is filed or a Statement of Use is submitted (for an intent-to-use application that has received […]Continue Reading
Supplemental Register, What Is That?
So, you filed a trademark application with the United States Patent and Trademark Office (USPTO) for your new business trademark hoping to obtain a registration of your trademark on the Principal Register. Three months later a trademark examining attorney sends you an Office Action (refusal to register) and suggests that you amend the application to the Supplemental Register. You then ask, “What is the Supplemental Register?” If your trademark is considered merely descriptive but the […]Continue Reading
State University of New York Sues Former Students for Using Trademark
It is no secret that universities have become big brands doing even bigger business. You are also probably not surprised to hear that alumni pride for nearly every well-known university is just as big. But SUNY’s lawsuit against two former students is an illustration of when alumni pride may just cross the line. SUNY Gives Alumni Business a Crash Course on Trademark Infringement Two SUNY alums have been doing business as Triple O Entertainment for […]Continue Reading
How Public Pressure to Boycott Backcountry Brand Halted One Trademark Infringement Claim
Last year, on advice from their legal team, Backcountry.com decided to pursue a trademark infringement claim on a small Colorado-based business named Marquette Backcountry Ski. The comparative giant of retail outdoor sports and equipment, Backcountry.com, filed suit against Marquette Backcountry Ski (and a dozen others, actually) for using the term “backcountry” in their name. What Backcountry.com did not consider was public response. Small Business Owner in Colorado Stands His Ground in Court When Backcountry.com sued […]Continue Reading