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
Christmas and all of its “Christmas magic” is so ingrained in American culture, it can tempting to assume that the holiday is immune from IP considerations. For those who have been reading our blog for a while, you know that this is not the case (shameless plug for my post from last year on a … Read more
After moving to Wisconsin, I came to appreciate many things about Wisconsin culture, including the near-universal adoration of Kwik Trip. After a few visits to Kwik Trip, I realized that Kwik Trip was something I had experienced long before ever having been to Wisconsin. In my native state of Iowa, Kwik Trip had been present … Read more
Product placement, by which I mean the placement of branded products in films and TV shows, is a prevalent feature in media. As a viewer, I appreciate when product placement is used (in admittedly rare instances) to drive the plot. As a trademark attorney (since I can’t seem to turn it off), I appreciate the … Read more
Last week I talked about how clients say they don’t know the difference between trademarks and copyrights. Then I didn’t explain what it was. I am here to solve that issue. A trademark is something that customers use to help with things like: “Hey, I bought that thingy before, and I liked it. I want … Read more
At the first meeting with a potential client, they often (somewhat shamefacedly) say, “I’m not really sure if I need a trademark or copyright or something else. I guess that I don’t know the difference.” They say it like of course, they should know the difference. Why wouldn’t they know? I mean everyone but them … Read more
Unsurprisingly, I find myself often being asked to describe what “intellectual property” is. I, all too often, find myself giving a description that is not all that helpful. If you are asking what “intellectual property” is, then saying “intangible business assets” isn’t going to get us much closer to understanding. One way that I have … Read more
Here we are. We know our company has value and so does the trademark. That means I often look at it through a final set of lenses. Those are succinctly put: Offense Defense Increase value Other third party considerations (a/k/a Amazon told me to) Offense: Are we wanting to swat down people trying to pretend … Read more
After last week’s post, we know that for a federal trademark we need to have interstate commerce, often because we are selling across state lines. So let’s pretend that we know we can apply for federal registration based on sales. Now, we have to decide if it is a strong trademark: Is this mark protectible? … Read more
I have been asked the question, “Is getting a trademark worth the money?” a lot lately. Companies are trying to protect their assets and their budget. They want to spend their money wisely so they rightly ask if this is a good use of it. Now, I always laugh a little and remind them that … Read more