Someone is using the exact same mark as me. I’m suing them!
As one of my law school professors used to say, “Well, wait a minute.” As in all areas of the law, success in a trademark lawsuit is anything but a given, no matter how “airtight” a case you think you have. There are a variety of factors involved in deciding whether to institute formal litigation […]
Go West (and East, North or South), Young Brand. Part 2 – Planning Ahead
We can’t take it any longer. We HAVE to tell you more about filing foreign trademark applications, if only to answer the question that we are asked the most frequently regarding it (besides “How much will it cost?”). “Why? I only offer my products/services in the U.S.” When considering whether filing foreign trademark applications is […]
“Go West (and East, North or South), Young Brand. Part 1 – Claiming Priority in Foreign Trademark Applications”
As part of reporting the filing of a new U.S. trademark application, we here at Danielson Legal always include a reminder to clients about filing applications in foreign countries. Under a particular treaty that the U.S. is a signatory to (the “Paris Convention,” for those of you taking notes), foreign applications for the same mark, […]
What’s an ‘Office Action?’
As mentioned in an earlier post “[M]uch of a trademark attorney’s time is spent … preparing and submitting arguments to the U.S. Trademark Office (or foreign trademark offices) that respond to a refusal on the grounds that a mark is generic or merely descriptive.” In the U.S., the refusal mentioned comes in the form of […]
What’s a ‘Specimen of Use’?
Don’t worry, it’s not as gross as it sounds. As described in an earlier post, trademark rights in the United States are based on use of a mark in commerce in connection with particular goods and/or services. Also unlike most foreign countries, the US requires proof of use of to federally register a trademark (except […]
“I Want to Trademark my Slogan or Logo”
First, stop doing that; it drives trademark lawyers crazy. You can’t “trademark” anything — it’s not a verb — but you can obtain trademark rights in your slogan or logo. When people talk about “trademarking” something, they usually use the term to refer to obtaining a federal trademark registration for the mark. It is important […]
“What should I name my company, product or service?” A trademark lawyer’s perspective.
It’s a common debate at many companies — what to name a new product or service (or the company itself). Part of this decision is informed by competing goals; should the name allow consumers to immediately discern what the product/service is, or should it be a distinctive term that is likely to “stick” in the […]