This sections is directed towards the basics of trademarks
IN RE THE NEWBRIDGE CUTLERY COMPANY A new look at geographically descriptive marks. In this case, Irish Company Newbridge was trying to trademark the name “NEWBRIDGE HOME”, where products were designed out of Newbridge, Ireland. Brief History Regarding Geographically descriptive trademarks: The Lanham Act instructed the PTO to refuse to register a trademark if “when [...]
So you have filed your trademark, waited for an Examiner at the USPTO to review your trademark, and you have received an Office Action from the USPTO stating that there is a “likelihood of confusion” of your trademark an existing trademark. How do you respond to the trademark office action? The first step is to [...]
Adding “company,” “.com,” or “.org” will not make a trademark distinct. In trademark law there are different categories of distinctiveness. The categories include: (1) arbitrary or fanciful, (2) suggestive, (3) descriptive, or (4) generic. An arbitrary or fanciful mark is the strongest type of protection a mark can receive, and the mark bears no logical [...]
Living in Austin, Texas many people here have tattoos, and there are several different areas of intellectual property law that are relevant to tattoos. The three main areas of intellectual property law that are associated with tattoos are copyright law, trademark law, and patent law. These areas of law also affect an average person. However [...]
A common question I get as a patent attorney located in Austin, Tx, is "will my prototype infringe on a patent, trademark, or copyright if it includes patented/trademarked/copyrighted elements?" This question arises when inventors create prototypes that includes elements that have already been patented/trademarked/copyrighted. For example, if an inventor’s invention is directed towards a more [...]
A trademark search and opinion is a thorough search of various trade-mark databases both state and federal, business directors, and other sources to determine if your trademark will not be mistaken by another as the source of your product or service. Trademark searches are highly recommended before a company begins using a logo or slogan [...]
OVERVIEW: Miracle Tuesday is a fashion company that desired to register a trademark with the word “Paris” in it. The designer of goods for Miracle Tuesday, Jean-Pierre Klifa is a French citizen who lived in Paris for twenty-two years, and currently resides in the United States. The examining trademark attorney rejected Miracle Tuesday mark on [...]
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather [...]