Archive for the ‘Trademark Law’ Category

How to Perform a Trademark Search and Obtain a Trademark Availability Opinion

Monday, March 19th, 2012

MARK TRADEMAN, TMIN NEWS ANCHOR:
Hello, everyone, and welcome to a special edition of “Trademan’s Trademark Talkback.” Where you ask the questions you want and we give you the answers you need. Thanks for all your e-mails, texts, video chats, and everything else you send in; keep ‘em coming. We’ll try and take more throughout the show. With me, as always, is our Senior News Analyst, Grant Gainsworth, as well as our very special guest. You know her as an author, an educator, and a frequent contributor to this program, Professor Christina Graham-Lawson. Professor, welcome back.

CHRISTINA GRAHAM-LAWSON, PROFESSOR OF LAW:
Thanks, Mark. Happy to be back.

TRADEMAN:
Well, let’s get right to it. First up: Janet in Springdale, Arkansas e-mails, “The USPTO recommends doing a ‘search’ before filing a trademark application. What does that mean?” Professor, would you like to take this one? Continue reading How to Perform a Trademark Search and Obtain a Trademark Availability Opinion »

How to Correctly File a Trademark Registration

Monday, March 19th, 2012

MARK TRADEMAN, TMIN NEWS ANCHOR:
Refusals. Delays. Loss of time and money. Usually leading to the death of a trademark application. That’s the report we’re getting from the Trademark Office at this hour. If you fail to search for conflicting marks before filing, improperly fill out the application, or fail to submit the proper supporting documents, you may create major deficiencies in your application. Take a look.

DAVEY V., MUSICIAN:
Yeah, I didn’t really know what I was doing. But, I’m in a band with some friends and we wanted to protect our band name. So, I got on-line after a show one night and filled out the application. Um, but doing it in a rush like that was a mistake because I wasted a year and 325 dollars. Did you know that fee was non-refundable? Continue reading How to Correctly File a Trademark Registration »

What is the Difference between a Trademark, Copyright and Patent?

Monday, March 19th, 2012

MARK TRADEMAN, TMIN NEWS ANCHOR:
Hello everyone. And welcome to the Trademark Information Network. I’m Mark Trademan, alongside Sandhya Mahajan, our investigative reporter, and Grant Gainsworth, our Senior News Analyst.

Here at the network, we are dedicated to bringing you the most up-to-date information that will help you apply to register your trademark and, if successful, keep that registration alive. Hope you’ll stay with us throughout the news cycle. Continue reading What is the Difference between a Trademark, Copyright and Patent? »

What is a Fanciful trademark?

Friday, January 13th, 2012

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 representing trademark owners throughout the United States.  Today, I will be answering the question: “What is a Fanciful Trademark?” Continue reading What is a Fanciful trademark? »

Why Trademark Availability Assessments Make Sense

Friday, January 13th, 2012

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 representing trademark applicants and owners in the enforcement of their trademark rights and defense of their trademark rights throughout the United States.  Today, I will be answering the question of why a trademark availability assessment makes sense. Continue reading Why Trademark Availability Assessments Make Sense »

What Constitutes a Trademark First Use In Commerce?

Thursday, January 12th, 2012

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 representing trademark owners throughout the United States.

Today, I will be answering a common question.  And that question is: “What constitutes a trademark’s first use in commerce?  And the reason that question comes up fairly often is because when filing for a trademark application with the United States Patent and Trademark Office, the applicant must provide two dates.  The first is known as the first use in commerce date, and the second is known as the first use date.  The first use date is exactly as it sounds.  It’s the first date that you actually made use of the particular mark in connection with the goods or services for which you’re applying.  However, the first use in commerce date has a bit more legal meaning.
Continue reading What Constitutes a Trademark First Use In Commerce? »

What is an Arbitrary Trademark?

Thursday, January 12th, 2012

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

This is Trademark Attorney Brian Hall with Traverse Legal, PLC, a law firm representing trademark owners throughout the United States.  Today, I will be answering the question: “What is an arbitrary trademark?” Continue reading What is an Arbitrary Trademark? »

What is a Suggestive Trademark?

Thursday, January 12th, 2012

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, an attorney with Traverse Legal, PLC, a trademark law firm representing clients and trademark applications with the United States Patent and Trademark Office and trademark related litigation and matters throughout the United States. Today, I will be answering the question:  “What is a suggestive trademark?” Continue reading What is a Suggestive Trademark? »

What is a Descriptive Trademark?

Wednesday, January 11th, 2012

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, an attorney with Traverse Legal, PLC, a law firm that represents trademark applicants, trademark registrants, and those facing trademark issues throughout the United States.

Today, I will be answering the question:  “What is a descriptive trademark?” Continue reading What is a Descriptive Trademark? »

What is a Generic Trademark?

Tuesday, January 10th, 2012

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

This is Internet Lawyer Brian Hall with Traverse Legal, PLC, a law firm that represents trademark owners throughout the United States. Today, I will be answering the question: “What is a generic trademark?” Continue reading What is a Generic Trademark? »

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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
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Recent Attorney Speaking Engagements:
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  • 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