Lanham Act
What Makes a Strong Trademark? A Guide to Fanciful, Arbitrary, and Suggestive Marks
By Sharon Adams |
A strong trademark is more than just a catchy name or logo. It is a legal ...
Office Action Panic: A Simple Guide to Respond Without Losing Your Trademark
By Sharon Adams |
Receiving an office action from the United States Patent and Trademark Office (USPTO) can be intimidating ...
Understanding the 45 Trademark Classes: A Complete Guide for Businesses
By Sharon Adams |
When it comes to trademark registration, understanding trademark classes is just as important as selecting a ...
Trademark Filing Mistakes That Can Get You Rejected and How to Avoid Them
By Sharon Adams |
Trademark filing mistakes are more common than many entrepreneurs realize, and they can lead to costly ...
Trademark or Bust: Why Delaying Brand Registration Could Cost You Thousands
By Sharon Adams |
When starting a business, choosing a brand name is exciting, but many entrepreneurs overlook the trademark ...
Can a Menu Item Be Trademarked?
By Sharon Adams |
Showing Trademark Use for Food Products vs Restaurant Services Restaurant owners often ask an important question ...
How Restaurants and Food Trucks Prove Trademark Use in Commerce: Acceptable Specimen Examples
By Sharon Adams |
For restaurant owners, proving trademark specimens for restaurants and proper trademark use in commerce may be ...
How to Show Trademark Use for Clothing Brands: Acceptable Specimen Examples
By Sharon Adams |
Launching a clothing brand is exciting, and filing a federal trademark application can feel like a ...
What Qualifies as Trademark Use in Commerce? Real Specimen Examples by Industry
By Sharon Adams |
Trademark registration in the United States does not protect ideas. It protects marks that are actually ...
Statement of Use (SOU): Completing Trademark Registration After Notice of Allowance
By Sharon Adams |
A Statement of Use trademark filing is required to complete registration after the USPTO issues a ...
Amendment to Allege Use (AAU): When and How to Prove Trademark Use
By Sharon Adams |
Filing a trademark application does not always mean a business is immediately ready to show use ...
Trademark Renewal Deadlines: What Happens at the 5–6 Year and 10-Year Marks
By Sharon Adams |
Trademark renewal deadlines are among the most commonly misunderstood aspects of trademark ownership. Many businesses lose ...
USPTO Trademark Renewal Audits: Triggers, Evidence, and Common Pitfalls
By Sharon Adams |
Trademark audits are becoming increasingly common. Many businesses first learn about audits when they receive an ...
Trademark Renewal for U.S. Businesses: Deadlines, Audits, and Use Requirements Explained
By Sharon Adams |
Many business owners believe that once a trademark is registered, it is protected forever. In reality, ...
When to Hire a San Francisco Bay Area Trademark Attorney Instead of Filing Online
By Sharon Adams |
Filing a trademark online may seem deceptively simple, but for many businesses, especially those operating in ...
California State vs Federal Trademark: Do You Need Both?
By Sharon Adams |
If you are planning to protect your brand, you may be wondering about California vs federal ...
California Trademark Timeline, Cost, and Legal Risks
By Sharon Adams |
Building a brand in California often begins with a critical legal step: the California trademark timeline. ...
Filing a Trademark Application in California vs. Federal USPTO Registration
By Sharon Adams |
When business owners search for trademark applications in California or California trademark registration, they are usually ...
Understanding the Lanham Act: What Every Trademark Owner Should Know
By Sharon Adams |
The Lanham Act, enacted in 1946 and codified as 15 U.S.C. §§1051 et seq., is the ...
Rebranding vs. Registration: Strategic Decisions After a Section 45 Refusal
By Sharon Adams |
Entrepreneurs often face difficult choices when the United States Patent and Trademark Office issues a Section ...
Lessons from High-Profile USPTO Refusals: What Every Entrepreneur Should Know
By Sharon Adams |
High-profile USPTO refusals offer valuable insights into why certain trademarks fail and how entrepreneurs can avoid ...
International Trademark Challenges: Why Failure-to-Function Issues Differ Abroad
By Sharon Adams |
When U.S.-based businesses consider expanding their brands internationally, it’s critical to understand that trademark standards differ ...
USPTO Office Action Refusal – Failure to Function as a Trademark
By Sharon Adams |
A growing number of trademark applicants are receiving US Patent & Trademark Office (USPTO) Office Actions ...
USPTO Office Action Section 2(d) Refusal—Likelihood of Confusion—Relatedness of Goods and Services
By Sharon Adams |
One of the main reasons the USPTO refuses trademark applications is the likelihood of confusion between ...
USPTO Office Action Section 2(d) Refusal—Likelihood of Confusion: Similarity Between Trademarks
By Sharon Adams |
One of the most common reasons the United States Patent and Trademark Office (USPTO) refuses a ...
The Hidden Costs of Online Trademark Filing Platforms: Why Having an Attorney of Record Matters
By Sharon Adams |
In today’s digital world, online trademark filing platforms promise fast, affordable trademark registrations with just a ...
Letter of Protest (LOP): Stop a Conflicting Trademark Before It Is Published
By Sharon Adams |
When protecting your brand, timing matters. One of the most effective yet often overlooked ways to ...
Principal vs. Supplemental Register: Understanding the Two Paths to Trademark Protection
By Sharon Adams |
When filing a trademark application with the United States Patent and Trademark Office (USPTO), applicants often ...
™ vs. ℠ vs. ®: A Practical Guide to Symbols and Standard Placement Practices
By Sharon Adams |
Understanding trademark symbols is essential for entrepreneurs, business owners, and brand managers. While these symbols may ...
From Application to Approval: How a Trademark Filing Guides the Process
By Sharon Adams |
Securing a trademark is one of the most important steps in protecting your business’s identity, reputation, ...
Why Hiring a Trademark Filing an Attorney Can Save You Time, Money, and Stress
By Sharon Adams |
Filing a trademark might seem as simple as filling out an online form with the USPTO, ...
Filing a Statement of Use: Avoid These Common Mistakes That Delay Your Trademark
By Sharon Adams |
When filing a Statement of Use with the USPTO under an “Intent to Use” (ITU) basis, ...
What Is a USPTO Statement of Use, and Why Is It Critical for Your Trademark Application?
By Sharon Adams |
When it comes to securing legal protection for your brand, understanding the requirements of the United ...
Got a Trademark Renewal Notice Scam by Email or Mail? Do Not Fall for These Common Scams
By Sharon Adams |
If you own a registered trademark, you are likely very proud of the brand protection you ...
Trademark vs. Business Name: What Every Entrepreneur Should Know
By Sharon Adams |
Starting a business is exciting. You come up with a unique name, register it with the ...
When Does Your Trademark Expire? Understanding the Trademark 5-Year Rule
By Sharon Adams |
A common misconception among business owners is that once a trademark is registered, it lasts forever ...
Can I Trademark Clothing Line? A Guide for Fashion & Apparel Brands
By Sharon Adams |
Starting a clothing line is exciting, whether you are launching a streetwear label, a boutique apparel ...
Amazon Brand Registry 2025: How the Brand Name Generator and Trademarks Protect Your Business
By Sharon Adams |
Launching a business on Amazon has never been more exciting—or more competitive. With millions of sellers ...
USPTO Refusal Mistakes: What to Avoid Before Filing a Trademark
By Sharon Adams |
When filing for a trademark with the United States Patent and Trademark Office (USPTO), even a ...
Use in Commerce: What It Really Means
By Sharon Adams |
Filing a trademark requires more than just having a clever name or a great logo. One ...
Understanding the 45 Trademark Classes
By Sharon Adams |
When you are applying for a trademark, you will come across one of the most critical ...
Just Registered Your Business Name? Why You Might Still Need a Trademark
By Sharon Adams |
So, you have registered your business name with the state. You might think you are fully ...
What Makes a Strong Trademark? A Guide to Fanciful, Arbitrary, and Suggestive Marks
By Sharon Adams |
When you are building a brand, a strong trademark is one of the most valuable legal ...
Trademark Filing Mistakes That Can Get You Rejected (and How to Avoid Them)
By Sharon Adams |
Filing a trademark with the United States Patent and Trademark Office (USPTO) can seem straightforward, but ...
How to Do a Trademark Search Before You Apply
By Sharon Adams |
Thinking about trademarking your brand? Start here. Before you invest time and money into your application, ...
The Complete Guide to Trademarking Your Brand: From Idea to Registration
By Sharon Adams |
Thinking about trademarking your brand to protect your business identity? Whether you are an Amazon seller, ...
Office Action Panic? A Simple Guide to Respond Without Losing Your Trademark
By Sharon Adams |
You have filed your trademark application, feeling excited and confident, only to receive an intimidating letter ...
Trademark or Bust: Why Delaying Brand Registration Could Cost You Thousands
By Sharon Adams |
Your brand is more than just a logo or a catchy name; it’s your business’s reputation, ...
Distinctive Trademarks For Online Protection and Visibility
By Sharon Adams |
Understanding Trademark Distinctiveness: Why Some Marks Are Stronger Than Others When it comes to protecting your ...
USPTO Fees Will Increase on Jan 18, 2025
By Sharon Adams |
The USPTO fee increase approved by the United States Patent & Trademark Office will take effect ...
Incontestable Trademarks and Section 15 Protection
By Sharon Adams |
After five years, a trademark registered with the USPTO must be renewed by filing a Section ...
Trademark Brand Book: Trademark Considerations When Creating a Brand Book
By Sharon Adams |
A brand book comes with several layouts and color themes. However, trademarks are specific to one ...
USPTO Rules to File Statement of Use, and When To File an “Insurance” Extension of Time
By Sharon Adams |
A Statement of Use (SOU) is required when a trademark application was originally filed as "intent ...
Identity Verification for Trademark Filings with USPTO
By Sharon Adams |
Click here for video of what is written below. The U.S. Patent & Trademark Office recently ...
Copyright Trolls Update
By Sharon Adams |
A previous article discussed how Getty Images, Inc. and other image licensing companies routinely send out ...
Design Patent for Consumer Products
By Sharon Adams |
In today’s competitive marketplace a successful business product will likely draw competition, and competitors may try ...
Trademark Basics
By Sharon Adams |
Trademarks are an important business asset. Trademarks have different aspects. A trademark can function as a ...
CA Social Purpose Corporations – Annual Shareholder Report
By Sharon Adams |
A California Social Purpose Corporation is formed pursuant to Corporations Code sections 2500 et seq. Social Purpose Corporations are ...
Patent Claim Drafting – Use of “OR”
By Sharon Adams |
It is surprising to read a Federal Circuit case on patent claim construction, delving deeply into ...
Bloggers Beware – Copyright Trolls on the Prowl
By Sharon Adams |
Certain large companies, including Getty Images, routinely send out demand letters claiming copyright infringement based on ...
Social Purpose Corporation – May Consider Public Benefit In Addition to Maximizing Profit
By Sharon Adams |
Since 2012, California has created two new corporate structures: (1) the social purpose corporation; and (2) ...
Apple, Inc. and What a Company can do with $231.5 Billion Cash-on-Hand
By Sharon Adams |
People often ask about the extent of patent and trademark applications needed to protect the intellectual property ...
Tips to Selecting Proper Trademark Classification in Trademark Application
By Sharon Adams |
Every trademark application filed with the United States Patent& Trademark Office (PTO) must identify the goods ...
Damages for Infringement of Design Patents – Supreme Court Clarifies Rules in Apple v. Samsung
By Sharon Adams |
Apple Inc. is known for the number of patents it owns. Apple doesn’t just own patents, it ...
Design Patents – Year in Review
By Sharon Adams |
Companies continue to see the value of design patents. Nike, Inc. is ranked 5th in the ...
Trademark Applicants – Beware of Scams After Filing TM App
By Sharon Adams |
A trademark application filed with the U.S. Patent & Trademark Office contains required information about the ...
Post America Invents Act — Inside the “On-Sale Bar” of 35 USC §102
By Sharon Adams |
The Constitutional right to obtain a patent is subject to certain limitations, including that an inventor ...
What’s In a Name? Unicorn Latte v. Unicorn Frappuccino
By Sharon Adams |
A rose by any other name is still a rose, but what about a Unicorn Latte? ...
So You Have A Phone App That You Want to Patent — Or Subject Matter Patentability
By Sharon Adams |
Subject matter patentability defines what types of inventions may receive patent protection, and favors physical objects. ...
Federally Registered Trademark Protects Brand Names
By Sharon Adams |
Many entrepreneurs and small businesses start their business by offering goods or services on the internet ...
Cannabis Trademarks In California
By Sharon Adams |
California voters approved Proposition 64, legalizing recreational marijuana use, subject to certain restrictions. It is now ...
Someone Is Using Your Brand Name! What Can Be Done?
By Sharon Adams |
Emerging businesses generally take a close look at expenditures, and may view trademark registration as a ...
Ten Million (10,000,000) Patents
By Sharon Adams |
The U.S. Patent & Trademark Office (PTO) anticipates that utility patent number 10,000,000 will issue sometime ...
DESIGN PATENTS — The IP Solution for Many Small Businesses
By Sharon Adams |
By: Sharon Adams May 2014 The U. S. Patent and Trademark Office (USPTO) commemorated the issuance ...
Patent a Recipe?
By Sharon Adams |
Recently there have been many inquires about patenting a recipe. Many of these inquires are related ...
Good News for Yoga Practitioners and Speech Advocates — Bikram not entitled to copyright his Sequence
By Sharon Adams |
On October 8, the Ninth Circuit Court of Appeals in California affirmed a previous ruling by a federal ...
Nikola vs. Tesla – Design Patent Litigation – What Would Nikola Tesla Think?
By Sharon Adams |
Design patents can be an effective method of protecting the look of a product or brand. ...
Copyright Protection May Be Available for Professional Engineering Plans
By Sharon Adams |
Professional engineers (PEs) often work as consultants, rather than employees. If a PE is an employee, ...
Trademark Specimen of Use — Is “TM” or ® OK to use in a specimen of use?
By Sharon Adams |
It is the policy of the  U.S. Patent & Trademark Office (PTO) that trademarks may not be warehoused, ...
For Profit Corporation Means Just That — Maximizing Profits to Shareholders is Essential
By Sharon Adams |
Corporate law requires corporations to maximize profits to shareholders.  This absolute requirement may expose corporate leadership ...
Trademark Marijuana Products?
By Sharon Adams |
Products that are used to smoke marijuana received U.S. federal trademark registration in November 2018. Yet ...
It’s a Fine Line Between Hate and Love – U.S. Supreme Court on Trademarks
By Sharon Adams |
FIRST AMENDMENT PROTECTS DISPARAGING TRADEMARKS A few years back a rock band tried to trademark its ...
First Amendment Protects Trademarks That Inspire Fear
By Sharon Adams |
Mongols Nation Motorcycle Club Keeps Its Trademark The First Amendment may not come to mind when ...
Scandalous Words Can Be A Registered Trademark
By Sharon Adams |
Three In a Row for First Amendment Protection of Trademarks Trademark law prohibits registration of a scandalous or ...
Trademark Registration — Principal Register and Supplemental Register Compared
By Sharon Adams |
It often happens that a business chooses a descriptive trademark for its brand name or products. ...
Registered Trademark Needed for Benefits of Amazon Brand Registry
By Sharon Adams |
Rush to Register Trademarks Is On! More and more independent merchants are opening businesses and using ...
Bloomberg Uses NDAs – When Should A Business Have an NDA
By Sharon Adams |
Presidential candidate Michael Bloomberg was challenged over his use of Non-Disclosure Agreements (NDAs) with women from ...
Showing Use of Trademark For Clothing
By Sharon Adams |
Every trademark application filed with the United States Patent & Trademark Office (USPTO) must show use ...
Trademark a Slogan?
By Sharon Adams |
Businesses often want to trademark a phrase or slogan that is commonly used in their business. ...