The Legal Blog

A client recently received an invoice from a company that requested $1,420 for trademark registration. We’d just filed her trademark registration application with the United States Patent and Trademark Office (USPTO). She felt like it looked official, but her...

If you’re like most small business owners, it’s likely you’ll spend countless hours painstakingly coming up with one thing: Your business name. You might poll your family (or random internet strangers). You might end up with a list of 100s of options. Or you might...

Delta Faucets and Delta Airlines. How is it possible for two IDENTICAL marks (Delta) to be successfully registered as trademarks in the United States? It’s because of their classes. In the US, you can file a trademark registration application with the USPTO in 45...

I wish I could tell you not to worry – that it will probably all work out. But that wouldn’t be realistic (and lawyers are nothing but realists, you know). The truth is nearly half (48.3%, to be precise) of all trademark applications filed with the USPTO will be...

You’re doing what you set out to do… Successfully running your business. And you’ve been using your mark continuously in commerce for the last 5 years. You’ve proven beyond a doubt this is your brand and your mark. It makes sense that you would want to protect it as...

There are some wonderfully weird things out there that are successfully registered as trademarks. Things like: –The Aflac Duck quack –The shape of a Coke bottle –Tiffany’s robin-egg blue color –Hasbro PlayDoh’s distinct smell –Even the way Yamaha’s Waverunners...

When you’re an online business owner, chances are good you’re doing business with Americans.  Regardless of where you call home because that’s the beauty of our global community, right? So it makes complete sense that you’ve ended up here wondering about federal...

Remember when this symbol (#) was just a random button on your parents’ old rotary phone? Remember how we used to call it the “pound key?” Don’t feel bad if you don’t–it would be easy to have completely forgotten about that! Because the hashtag has taken over. The...

Framework. Style. Process. System. Method. Whatever you call it, it's taken your blood, sweat, and tears to perfect it, so it's a no-brainer that you'd want to protect it. But how exactly do you do that? **First, a quick disclaimer: this post is legal education and...

Whew. You did it! You got approved for federal registration of your trademark, and you've earned the right to graduate from the standard ™  and SM symbols – to that fancy little ® symbol you’ve always coveted.  (Wait, you haven't made the switch yet? This is your sign...

Congratulations! You've officially: -Conducted a knockout search -Had an attorney conduct a comprehensive trademark search -Been using your trademark in commerce (for goods or services) -And decided to move forward and file your in-use trademark application with the...

There are 2 main types of federal trademark registration applications: In Use: you would file for this when you’re actively using your mark in commerce at the time you apply (you just have to submit a specimen with your application that demonstrates use). Intent To...

Imagine you're driving down a busy street, looking for the business someone referred you to. You can't remember the exact address, and you realize there are a whole lot of storefronts with the name you were given! That's what today's online marketplace is like. It's...

Many business owners think they can register a trademark themselves using an online service. Why not save yourself a little money, right? But those business owners don't realize that they're trading in their savings for a lot of headaches, and they could be...

You've all but cried yourself to sleep deliberating the perfect business name. You've invested countless hours brainstorming a tagline you can use on your website, business cards, social media accounts, and beyond. Your branding is in place and you're ready to share...