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 […]
Supreme Court Decides that Patent Licensors Must Prove Infringement in Licensee Challenges
In a unanimous decision in Medtronic v. Mirowski Family Ventures LLC (“Mirowski”), the U.S. Supreme Court reversed the Federal Circuit Court of Appeals and held that patent owners bear the burden of proving infringement even when the case is brought by a licensee that is not in breach of its license. Medtronic had licensed several […]
“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 […]
.XXX Domain Names and Trademark Owners
The newest top level domain name, .xxx, is intended to be utilized by purveyors of pornography and related explicit materials. The intention of the .xxx domain name is to make it easier for parents, technology vendors, and others who want to block minors or others from accessing such content. Adult industry companies have the first […]
iPhone App Developer Legal Guide – Version 2
Our original iPhone Developer Legal Guide, posted half a year ago, garnered a really great set of responses from the development community. Some responses contained very helpful and constructive criticisms on things the Guide should have included as well as a correction or two that needed making. Taking into consideration this valuable input, we are […]
iPhone App Developer Legal Guide—Version 2
Our original iPhone Developer Legal Guide, posted half a year ago, garnered a really great set of responses from the development community. Some responses contained very helpful and constructive criticisms on things the Guide should have included as well as a correction or two that needed making. Taking into consideration this valuable input, we are […]