Category Archives: Trademarks

Information related to trademark protection for brands and slogans.

Can I register a trademark that another company is using, but has not registered?

The answer is an unsatisfying maybe. Even more unsatisfying, the trademark registration potentially available would be a less-preferred “concurrent-use trademark registration.” The legal doctrines and procedures applicable here are somewhat complicated, but a high level overview will provide some insights. … Continue reading

Posted in Trademarks | Tagged | Leave a comment

Using a Webpage as a Trademark Specimen of Use

Trademark specimens of use based on webpage content have special requirements of which trademark applicants should be aware. When relying on a specimen of use from a webpage, the Trademark Office requires the specimen to show a connection between the … Continue reading

Posted in Trademarks | Tagged , , | Leave a comment

Filing for International Trademark Protection using the Madrid Protocol

The Madrid System is an international trademark registration system governed by two international contracts: the Madrid Agreement and the Madrid Protocol. The World Intellectual Property Organization’s (WIPO’s) International Bureau is the department that administers the system. The Madrid System is … Continue reading

Posted in Trademarks | Tagged , , , | 1 Comment

Trademark Specimen of Use Overview

Our trademark attorneys often get questions from clients regarding specimens of use. The specimen of use shows the Trademark Office how you are using your trademark in commerce. The specimen is not a drawing of your mark, but an actual … Continue reading

Posted in Trademarks | Leave a comment

Trademark Fair Use

Recently, Anheuser-Busch (Busch) took issue with use of its registered Budweiser trademark in the film “Flight.”  Unfortunately for Busch, trademark registration does not prevent non-commercial use of a registrant’s mark or product.  Rather, non-commercial use of, or commenting upon, a … Continue reading

Posted in Trademarks | Tagged , , , | Leave a comment

Trademark Statement of Use

Small business owners seeking to establish trademark protection for their brands often times run into issues regarding the statement of use requirement when seeking to register their trademarks. In particular, trademark clients may not be commercially using their trademarks when … Continue reading

Posted in Trademarks | Tagged , , | Leave a comment

Trademarks are Big Business

Highlighting how valuable trademark rights can be, Apple, Inc., recently agreed to pay $60 million dollars to secure the rights to the iPad trademark in China. The settlement agreement entered into by Apple not only demonstrates the value of the … Continue reading

Posted in Trademarks | Leave a comment