Archive for the ‘Trademark Attorneys’ Category

Trademark Agreements

Tuesday, October 29th, 2013

Trademark Agreements Assignments Versus Licenses
Matt: Hello! Welcome back to Trademark Law Radio. This is Matt Plessner, and today we’re going to be discussing the difference between assignments and licenses in terms of trademark agreements. And to help us out today, Brian Hall, attorney at law of the Traverse Legal office of Traverse City, MI, joins us once again today. Brian, hello.

 

Brian: How’s it going Matt?

 

Matt: Doing pretty well, thank you for asking. Now, let’s start off by talking about, Brian, why do trademark owners enter into trademark agreements?

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How to Defend Against Trademark Counterfeit

Thursday, September 26th, 2013

Matt: Hi, and welcome back to Trademark Law Radio.  I’m Matt Plessner. Today we’re going to be discussing trademark counterfeiting, and how to defend yourself against claims of counterfeiting. To help us, we’re speaking again with Brian Hall of the Traverse Legal office of Traverse City, Michigan…Brian, nice to have you back.

 
Brian: Thanks Matt, it’s good to be here again.

 
Matt: Now Brian, fist of all, what is trademark counterfeiting?

Continue reading How to Defend Against Trademark Counterfeit »

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When Can I Use a Registered Ⓡ vs. Common Law ™ Trademark Symbol?

Tuesday, September 24th, 2013

 Ⓡ vs. ™?

Author:

Clients and prospective clients alike are often confused as to which trademark symbol they can use and when. There are various options available. First, the registered ® symbol, which is displayed in superscript form next to the mark with a capital R enclosed by a circle. Second, is the ™ symbol, which is displayed in superscript form next to the mark with capitol T and a capital M. Third, is the service mark symbol known as ѕм, which is displayed in superscript form next to the mark with a capital, S and a capital M. Trademark owners should not use these interchangeably as each has a very specific meaning.

The registered R symbol is reserved for trademarks that are registered with the United States Patent and Trademark Office. However the registered R symbol, it is not only reserved for trademarks that are registered with the USPTO but also for service marks that are registered with the USPTO.  . Keep in mind, the only difference between a trademark and a service mark is that the mark is used with goods or products for a trademark, where as the mark is used with services for a service mark.

There is only one kind of registered symbol, and that is the registered ® symbol. A similar symbol, with a very different meaning, is the copyright symbol, which is epitomized by a small c with a circle around it, or ©  That is for copyrights only and should never be used with a trademark to identify designation, although it may be displayed if indeed the logo or other design is subject to both copyright and trademark protection. People should also understand that the registered trademarks symbol may also be used on marks that are not registered with the USPTO if they are registered in other countries. Therefore, it usually takes researching and, effort to determine whether or not the registered ® symbol is referring to a United States federally registered trademark or some other trademark registered in a foreign jurisdiction. Continue reading When Can I Use a Registered Ⓡ vs. Common Law ™ Trademark Symbol? »

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Trademark Infringement and Likelihood of Confusion

Thursday, May 17th, 2012

As a trademark attorney, I see things every day, many of which don’t surprise me anymore.  But I have to say one thing that I really hear a lot in the area of trademark registration and trademark infringement is, “Hey, my mark is different than the one that is being used by the trademark holder” or “my mark isn’t exactly the same” or “my logo is slightly different.”  What people fail to realize is that trademarks protect around the mark.  They protect more than just the literal use of the word or the design element or the logo or the colors in the related elements of the trademark use.

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What is Trademark Registration and How Do You Do It?

Thursday, May 17th, 2012

Trademark registration is the process by which you file an application to the USPTO, the United States Patent and Trademark Office, asking the United States government to, essentially, acknowledge and validate that the word or brand or logo that you are submitting is, in fact, considered trademark worthy under U.S. law.

Continue reading What is Trademark Registration and How Do You Do It? »

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How to Avoid Trademark Infringement

Wednesday, December 28th, 2011

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

This Brian Hall, a trademark attorney with Traverse Legal, PLC, a law firm that represents trademark owners and those looking to establish trademark rights throughout the United States.  Today, I will be answering the question:  “How to avoid trademark infringement?” Continue reading How to Avoid Trademark Infringement »

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How to Stop Trademark Infringement

Tuesday, December 27th, 2011

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

This is Brian Hall, a trademark attorney with Traverse Legal, PLC, a law firm that represents trademark owners throughout the United States and throughout the world.  Today, I will be answering the question of How to stop trademark infringement.  And before I answer that question, let’s talk about what trademark infringement is. Continue reading How to Stop Trademark Infringement »

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What Is Trademark Law?

Monday, December 19th, 2011

Trademark law is the protection of symbols that serve as a designator of origin, source, sponsorship, endorsement, or affiliation. Trademark rights are obtained through a use of the trademark in commerce in association with goods or services, however, trademark registration provides additional benefits. Trademark registration allows a party file a lawsuit for trademark infringement in federal court, to obtain up to $2,000,000 in statutory damages for trademark infringement, and to put others on notice of their rights through the use of the circle-R symbol.

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Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
  • DOMAINfest 2011, Santa Monica, California
Recent Attorney Speaking Engagements:
  • South By Southwest 2010 SXSW Interactive Conference, Austin, Texas
  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan