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Trademark a Slogan?

Businesses often want to trademark a phrase or slogan that is commonly used in their business. However, the U.S. Patent & Trademark Office (USPTO) will refuse to register a phrase/slogan unless it functions as a trademark. A trademark must identify a source of the...

Showing Use of Trademark For Clothing

Every trademark application filed with the United States Patent & Trademark Office (USPTO) must show use of the trademark in commerce before a trademark will be registered. The trademark applicant must submit a specimen, or evidence, to show use of the mark in...

Trademark Marijuana Products?

Products that are used to smoke marijuana received U.S. federal trademark registration in November 2018. Yet it remains impermissible to trademark drug paraphernalia under federal law. How was this trademark obtained? Use-in-Commerce Specimen Submitted by Applicant in...

Nikola vs. Tesla – Design Patent Litigation – What Would Nikola Tesla Think?

Design patents can be an effective method of protecting the look of a product. Although narrow in scope, design patents can provide real protection of a company’s intellectual property especially when multiple design patents are used to protect a concept, as shown by the lawsuit Nikola Corporation has filed against Tesla, Inc.