Attorneys Handling Trademark Basics
Supreme Court Strikes Down Lanham Act’s Disparagement Clause
On June 19, 2017, the Supreme Court issued an opinion in Matal v. Tam, 137 S. Ct. 1744 (2017), striking down the disparagement clause in the Lanham act that had been in place since 1946. The clause reads that no mark will be registered that is a “matter which may disparage or falsely suggest a […]
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Security Interests in Trademarks: Best Practices
A security interest is a property interest created by agreement between parties or by operation of law over assets in order to secure the performance of an obligation. This typically arises in the context of a creditor and debtor, wherein the creditor extends monies to the debtor and wishes to secure preferential rights in whatever […]
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Top 5 International Trademark Protection Tips
There is no such thing as a global trademark, really. Trademark rights are territorial. This means that your securing trademark rights, either via use or registration, in one country does not necessarily provide you with trademark rights in another country. There are limited exceptions to this rule surrounding the territorial scope of trademark rights, such […]
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Franchises: Nothing Without a Trademark
Put simply, a trademark is a necessary building block to any franchise. We have represented franchisors and franchisees across a whole range of trademark matters. We have helped franchisors select, clear, apply for, register and enforce their trademark. We have been there when a franchisor chooses to, or is forced to, rebrand its trademark. There […]
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Trademark License Agreement – Top 5 Considerations
Trademark owners, at one time or another, must consider whether to license certain rights in its trademark to others. The reason to do so is simple: monetize the trademark rights in the form of licensing fees. While a trademark licensing agreement may come in many forms (e.g. Merchandise License Agreement, Software License Agreement, etc.), it […]
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Federal Trademark Registration Important in Mergers & Acquisitions
Clients, existing and prospective alike, regularly ask: Do I really need a trademark registration or can common law rights be enough. Typically, we then discuss the benefits of a trademark registration on the Principal Register of the United States Patent and Trademark Office (USPTO), including: nationwide priority presumption of ownership in court presumption of validity […]
Read MoreTrademark Infringement and Likelihood of Confusion
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 […]
Read MoreWhat is Trademark Registration and How Do You Do It?
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.
Read MoreIntellectual Property: Trademark Rights
Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration. My name is Enrico Schaefer and I specialize in trademark and intellectual property issues. Today, we’re going to be talking a bit about intellectual property and trademark rights. Some of the questions we receive […]
Read MoreTrademark Basics: How to Protect Your Name as a Trademark
Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration. Welcome to Trademark Law Radio. My name is Trademark Attorney Enrico Schaefer and today we are going to be talking about name and brand protection. If you are going to start a new company, […]
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