Making a World of Information Work for You.
Articles & Alerts
Stay informed about critical issues and developments in intellectual property law through the articles and alerts you’ll find here.
Strategy Session – Use of Trademark Symbols (™ versus ®)
Clients will occasionally ask us when it is appropriate for them to use the ™ symbol next to their trademark, and when it’s appropriate to use the ®. You may be wondering this as well. Before we answer, it’s important to first understand that in the United States, trademark rights are acquired through use of the mark. In other words, merely by using your trademark in connection with your products or services, that mark may gain enforceable trademark rights. While federal registration of your mark has many benefits, it is not required. In fact, a quick review of your company’s website and marketing materials may show that it is already using a number of unregistered trademarks, such as word marks, slogans, or logos.
Pitfalls of Madrid Protocol exposed by US requirements
**UPDATED**
As more trademark owners use the Madrid Protocol to extend their rights into foreign jurisdictions, the Protocol’s advantages and shortcomings are coming to light. One pitfall of particular consequence for holders of International Registrations who own registered extensions of protection to the United States is about to surprise the unprepared.
Avoiding Solicitations for Unnecessary or Fraudulent Trademark Services
When you file an application to register your trademark with the United States Patent & Trademark Office, the details of that application, including your and/or your company’s name and contact information, become public record as part of the USPTO database. All applications and registrations are freely searchable using the USPTO's Trademark Electronic Search System (TESS). One benefit of this is that it allows anyone to view the database of applications and registrations on file with the USPTO, which is useful when selecting or enforcing a trademark.
Independent Contractors and Copyright
It is quite common for individuals and businesses to turn to independent contractors to produce certain materials, such as websites, logos, and even software applications. With the proper agreements in place, this is a perfectly viable way to operate. For example, here are a few scenarios we see from time to time…
Strategy Session - Trademark Availability Searches
Before you invest money developing your brand, you want to be a certain as possible that there aren’t any barriers to your use of your trademark. In the United States, unlike many other countries, trademark rights are gained through use. The first to use a mark may be able to prevent others from coming along later and using the same or similar mark for related products or services. As a result, it’s unfortunately not uncommon for a startup to launch its new brand, only to find out afterward that someone else beat them to it. The last thing your company wants is a cease and desist letter demanding that it stop using its trademark. The expense of fighting trademark infringement claims, or of rebranding, is more than the typical startup wants to bear.