Blog
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...
Bloomberg Uses NDAs – When Should A Business Have an NDA
Presidential candidate Michael Bloomberg was challenged over his use of Non-Disclosure Agreements (NDAs) with women from his past. In addition, Bloomberg's campaign staff reportedly are required to sign NDAs that preclude staffers from disclosing "all non-public...
Registered Trademark Needed for Benefits of Amazon Brand Registry
Rush to Register Trademarks Is On! More and more independent merchants are opening businesses and using online platforms to sell their products or services. Amazon is a key player in the online market. Amazon's CEO Jeff Bezos says that independent merchants account...
Trademark Registration — Principal Register and Supplemental Register Compared
Comparison of U.S. trademark registration on Principal Register and Supplemental Register
Scandalous Words Can Be A Registered Trademark
Three In a Row for First Amendment Protection of Trademarks Trademark law prohibits registration of a scandalous or immoral trademark. However, in Iancu v. Brunetti, the U.S. Supreme Court recently held this provision of the law violates the First Amendment. Erik...
First Amendment Protects Trademarks That Inspire Fear
The Mongols Nation Motorcycle Club owns federally registered trademarks for MONGOLS. U.S. government sought forfeiture of the trademarks after club members were convicted of serious crimes. But, the court refused, finding that the 1st Amendment protects the trademarks,
It’s a Fine Line Between Hate and Love – U.S. Supreme Court on Trademarks
U.S. Supreme Court allows registration of “disparaging” trademarks but questions whether “scandalous” trademarks can be registered.
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.