I know the world of trademark law was already exciting enough already, but you should know, it’s about to be pure fire. By that I mean the Supreme Court has recently agreed to hear TWO – not one – but TWO trademark cases this term! So what’s going on? Isn’t trademark well-settled law? Nope. Nothing is well-settled law anymore. Let’s check out what the Justices are going to be evaluating. Here’s Part 2 of our Supreme Court review. Jack Daniel’s Properties, Inc. v. VIP Products, LLC In this case the justices have agreed to determine “(1) Whether humorous use of another’s trademark as one’s own o ..read more

My husband and I strive to be as environmentally friendly as we can. From solar panels on our house to an electir car, to purchasing food from local farms, to an everyday practice of (questionably useful) recycling, to mixing our Honest Company® home cleaning products, we do the best we can. As someone who has been on a health and wellness adventure using functional medicine and nutrition to improve my health, I found that cooking a 100% whole food diet 100% at home produced a lot of vegetable waste from the skins, seeds, stalks, and shells of whole foods. After reading an article on the best ..read more

In a beautiful, colorful Instagram post on September 12th, Kourtney Kardashian announced the launch of her new brand, Lemme™. The brand will launch a line of health supplements in the form of gummies on September 27th. So, hurry up, finish off your boring supplements and get your medicine cabinet ready to party. The Instagram post shows gummy bottles with fun names like “lemme CHILL”, “lemme MATCHA”, and “lemme FOCUS.” Each is a catchy name, and the branding and fonts are on point. We think there is a great opportunity for a whole portfolio of Lemme trademarks. The United States Patent and Tr ..read more

As an owner of a trademark, one of your many responsibilities is to guard the trademark from infringement. Of all the ways you can guard your intellectual property, the easiest is by placing the world on notice of your claim of ownership rights. You are likely familiar with the TM, SM and, ® symbols, but you may not know the very important differences. Why Use a Trademark Symbol? The placement of a trademark symbol next to your trademark, whether it is name, logo, or slogan, places the public on constructive notice that someone has claimed intellectual property rights over it. Whether you have ..read more

Before launching a brand, every entrepreneur and startup should push the pause button before committing to a business name. While the excitement of moving into branding campaigns, web design and logo design is much more tempting than consulting with a trademark attorney, we can promise that this moment of pause will be well worth your wait. A strong trademark will not only help the goods and services offered under your brand to become more recognizable, but will also save you from the headache, lost time and expense of trademark legal issues. Building a strong brand starts with a foundation ..read more

Medina Spirit's first stop after crossing the finish line at Churchill Downs is of course the Winner’s Circle. The second stop should be a call with a trademark attorney. The Kentucky Derby purse and the potential for the purses of Preakness Stakes and Belmont Stakes are just the beginning of the potential windfall for the owners of a Derby winner. In most cases a three-year-old thoroughbred is not trademarked at the time of the running of the Kentucky Derby. Until winning the Derby there may not be too many profitable reasons to justify a federal trademark, and further, the Jockey Club’s pro ..read more

While a federally registered trademark is the more commonly known, it does have a lesser-known sibling, the common law trademark. Unlike federally registered trademarks, which must survive a sometimes lengthy application prosecution and incur fees at the United States Patent and Trademark Office, a common law trademark can arise solely through the use of the mark. This is true whether the mark is a word, logo or slogan, and the mark can even have the advantage of using the TM symbol. While the benefits of a common law trademark may sound convincing at first glance, there are detriments to rely ..read more

Quick Answer - yesterday, sometime today, or right now. When considering federal trademark registration, typically the sooner you apply for registration, the better. In order to be eligible to apply for federal trademark registration through the United States Patent and Trademark Office (USPTO), you must either be currently using the mark (business name, logo, slogan, social media name) in some form of interstate commerce, or you must have the bona fide intent to do so. The ability to apply for registration prior to the actual use of the mark can be vital in the successful creation of a unique ..read more

Plan for a Year and Hope for Less While the trademark application process has standard timelines, all trademark applications are unique with many presenting challenges that can take the standard timeline down a road of many twists and turns. However, after experiencing all types of trademarks and office actions, we recommend that our clients plan for a full year before they have a complete registration. Step 1: Clearance Search – 1 to 2 Weeks Prior to filing an application, it is very important to perform a thorough clearance search to ensure that you have the right to use the mark. The lengt ..read more

There are actually few times when one absolutely needs a trademark by law. For instance, the most common trademark requirements are often seen in franchising and licensing of business names and logos. However, trademark registration is very important for building brand identify and future growth of a business, and it should not be overlooked in the very beginning stage of business development. Though you may not be legally required to register your trademark, not doing so is detrimental to a growing business. A federal registration of your trademark gives you the upper hand when protecting th ..read more