Effective Aug. 3, U.S. joins long list of nations that require local counsel

In recent years, the U.S. Patent and Trademark Office has been dealing what it calls “an increasing number of foreign trademark applicants, registrants, and parties … filing inaccurate and possibly fraudulent submissions … that do not comply with U.S. trademark law or the USPTO’s rules.” To address this concern, USPTO has initiated a new rule for filing which requires all foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings to be represented at by an attorney who is licensed to practice law in the United States. [Read more…]

At The Keller Law Firm, we talk a lot about claiming your distinction, which allows your company to stand out in the marketplace. Strong branding is essential, and trademark protection to reinforce your brand is a must. So, if you are trying to develop a distinctive trademark or service mark, it helps to know what makes a mark weak and why the U.S. Patent and Trademark Office might reject your application and force you to start all over again. [Read more…]

The essential requirement of a trademark or service mark is that it be distinctive. When a mark lacks uniqueness, there’s a chance the public could be confused about the identity of the company behind the mark. This defeats the primary purpose of a mark: to alert the public about the source of the goods or services, so they can make an informed decision about whether to buy. For this reason, the U.S. Patent and Trademark Office refuses to register marks when they are likely to cause confusion. This is called a 2(d) refusal after the controlling federal statute, 15 U.S.C. §1052(d), otherwise known as the Lanham Act. [Read more…]

Pop star’s social media rant unlikely to force change, but is technology the answer?

On June 30, Taylor Swift took to Tumblr to vent about the betrayal she felt when her former record label sold out to Scooter Braun, a powerful music agent implicated in a series of episodes Ms. Swift found humiliating and damaging to her image and her career, including “a revenge porn music video which strips my body naked.” With the sale of Big Machine Label Group went the rights to Ms. Swift’s master recordings, giving Braun’s company Ithaca Holdings control over licensing for all of her past hits. Ms. Swift summed up the situation thus: “Essentially, my musical legacy is about to lie in the hands of someone who tried to dismantle it.” [Read more…]

In my practice, I often encounter business owners who want help with their branding, but don’t grasp the importance of federal trademark registration. They run a small business that does well locally and may expand throughout the state. Since they aren’t planning to go national, can’t they hold off on filing a federal application? That makes a certain level of sense, especially if you’re trying to control costs at startup. Yet, federal trademark registration is not a cost-prohibitive process and, with the way the trademark system works, waiting to assert your rights is the easiest way to lose them. [Read more…]

In today’s global economy, businesses have unprecedented opportunities to expand, but must also fend off foreign competition like never before. Therefore, a strategy for success must include strong branding supported by federal trademark registration. For a small investment, you can greatly enhance your prospects for sustained growth and profitability. Here’s a brief overview of the steps in federal trademark registration to demystify the process. [Read more…]

Imagine having a business asset that lasts for centuries and increases in value over time. If I asked what you were thinking of, you’d probably say, “Real estate.” That’s the only possibility, isn’t it? No matter how you run your business, commercial property always increases in value, because it’s a unique asset and, as the line goes, “God ain’t making any more of it.” Yet, the asset I have in mind is a trademark, which is also by its very definition unique and exclusive. [Read more…]