Can Identical Trademarks Co-Exist?

What happens when two trademarks have the same spelling? Can they coexist? The answer is yes, but with some caveats. The Trademark Act provides for a system of trademark classes to categorize goods and services. Classes 1-34 cover goods, while classes 35-45 cover services. The use of the same trademark is permissible across different classes, … Read more

Brontosaurus Bite Pie

My staff teases me a lot about certain phrases that I repeat over and over (and over). They should. I would tease me a lot, too. That doesn’t mean that I shouldn’t keep repeating those things, though. A lot of the repeat-isms are things I say to myself even more often than I say to … Read more

“Can I Just Skip It?” 

As a business owner, you are no doubt very busy: you are building your brand, perhaps considering applying for applicable trademarks, contracting with clients and vendors, or even considering selling or buying a business. Some of the small details associated with these events can seem trivial and unnecessary. When clients approach business lawyers with these … Read more

My Gin Was Made From Vodka?

From Pixel Bay

This post is about Chapter 4 of the Distilled Spirits Beverage Alcohol Manual (“BAM“). The BAM is the classification guide the Alcohol Tobacco Tax and Trade Bureau (“TTB“) will use to classify a distilled spirits product into a category (whisky, gin, vodka etc.) depending on its formula. This post is pretty short, but pretty nerdy. … Read more

First Things First: Trademark Preliminary Screens

If any readers have ever gotten in touch with OG+S regarding a potential trademark application, we have likely mentioned the possibility of doing a “preliminary screen” for your mark. This process, sometimes also referred to as a “knockout search”, helps trademark applicants get a sense of the field before they apply. Here at OG+S, we … Read more

CHALLENGE ACCEPTED!

There has been a bit of upheaval over the past few years, and it doesn’t look like 2023 is going to suddenly calm itself down. That means we continue to have the choice on how we view the external world and act upon our assessment. I propose that there are two dichotomies of options presented … Read more

Spell It Out For Me

We as attorneys are described in many ways. Sometimes flattering, sometimes not. But one way to describe us that will always fit is “constant learners.” The law is notorious for moving slowly, but it is always moving. Occasionally, there is a sea change, but often it is through constant tweaks. There are the laws (we … Read more

Our diversity makes us stronger. Our inclusion makes us better.

Five men. One teenager. Four women. Three dads. Two moms. A significant number of cats. Two dogs. Two toddlers. Three adult children. One five-year-old. Army veteran. Farm owners. City dwellers. Part-time. Ohio. Wisconsin. Michigan. Minnesota. Rural. Northwoods. White. African-Jamaican. Bougie. Snarky. Introvert. Ambivert. Extrovert. Disruptors. Software Engineering. Banking. Retail. Social media. Law School. Are you … Read more