The federal government is “shut down.” But that shut down does not apply equally across all aspects of the federal government. For those of us who work with intellectual property, that is on full display. For example, the United States Patent and Trademark Office (USPTO), remains “open and fully operational” because it has operating reserves … Read more
We are seeing more and more scams related to trademarks. They are getting increasingly sophisticated. Please, please, please do not pay for anything over the phone. The USPTO never asks for money over the phone. The website is www.uspto.gov. It is the United States Patent and Trademark Office (“USPTO”). Some of the scams say things … Read more
In today’s digital era, the world of intellectual property is evolving rapidly. With technology making the technical aspects of filing trademark applications more accessible than ever, it might seem like the process is becoming straightforward. And to a certain extent, it is. With user-friendly USPTO interfaces, AI-driven tools, and abundant resources, the barriers to entry … Read more
When a fantastic trademark dispute arises, especially one involving superheroes, this trademark attorney cannot help but blog about it. The nature of this particular trademark dispute is epic, perhaps rising to the level worthy of a superhero blockbuster (or maybe that’s just this attorney’s trademark geekdom talking). In either event, like many legal disputes, this … Read more
Can trademarks and sports mix? To address this question, I wanted to dive in with several case studies: Of course, this Cheesehead cannot help but talk about the Green Bay Packers! The Packers’ notable trademark is it’s original one where it claims the services of “entertainment services in the form of professional football games and … Read more
You may remember the CD-ROM, that vestige of a technological age mostly past by now. This was software as a good, a tangible item for sale usable in several ways. Of course, as with time, so goes with new technology: change is inevitable. Nowadays, we download, stream, and access software without even so much as … Read more
We are a “first to use” jurisdiction for trademarks in the United States. That means, if you are the first to use a trademark in multi-state commerce you have “priority” over those who use the same trademark after you, and are the rightful owner of the mark. However, we also have a trademark filing system … Read more
Big announcement! The United States Patent and Trademark Office (“USPTO“) will begin issuing electronic registration certificates for all trademark applications filed from today onward. What does this mean for you?: If you apply for a new trademark, the USPTO will provide your registration certificate digitally, rather than on paper, when the mark registers. However, if … Read more
We previously warned you about some USPTO scams. Well, someone looked at those scammers and said, “What a great idea! I’ll do that for new companies who just formed!” In other words, jerks multiplied like bunnies on Viagra. And so I’d like to introduce you to the newest scam: The Certificate of Service Scam. It … Read more
As I advise clients on trademark issues, it is relatively common for clients to ask if there is an “international trademark”. I then break the unfortunate news that there is no such thing as an “international trademark”. Instead, registered trademark protections only extend to the national borders where the mark is registered. This means that … Read more