Most people believe that a trademark registration can only protect the actual brand name. However, there are several other “parts” of a brand that can and should be trademarked; for examplecolors, logos, slogans, and service marks. Generally, the word mark of a brand is the strongest trademark, which needs protection. Nevertheless, as one can see from brands like Christian Louboutin and Tiffany’s, colors can have just as much strength as a word mark. Furthermore, many individuals and brand owners file trademarks that include both the word mark together with their logos. But what if the brand ..read more

The three forms of Intellectual Property protection, which are Trademarks Copyrights and Patents, usually protect completely different aspects of a design, brand and overall creation. This article will discuss the foregoing differences. Federal Statute 15 U.S.C. § 1127 defines a trademark as, “any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.” Hence, any brand name, logo or color, which is used as an identity marker of a service or pro ..read more

Once a person or business starts using a mark in commerce, they technically have what is called a common law trademark; the protection afforded to this right is extremely limited. Hence, a common law trademark is only enforceable in the geographic area where the mark is used. In most instances, it is hard to enforce common law rights because it is hard to show when use of the mark began. Therefore, it is important for owners of marks to understand the importance of obtaining registered trademark(s) for their brand(s). They shall decide whether they need to obtain a state or federal trademark r ..read more

Usually from the day a person is born they are given a name that is used for identity purposes, in order to differentiate and recognize that specific individual. Similarly, brands and companies need to be named in a fashion that will work as an identity marker for their specific goods and/or services. Unlike people’s names, business brands usually cannot legally co-exist under the same or similar name if they are within the same or similar industry.Therefore, obtaining a trademark early on in a business venture is ideal because it can save the entrepreneur a lot of money, headaches and time ..read more

In order to start a business, any business, an owner must come up with a business name and/or logo, which will serve as a mark that represents the goods and/or services offered by their company. This name and/or logo should be strong in terms of trademarking. What does this mean? A trademark is “any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods”[1]. If the mark is unique, arbitrary or fanciful, the mark is considered strong. If the mar ..read more

Many individuals and business owners believe that they will have time to file for a trademark after they have embarked on their brand’s journey. However, they fail to understand the consequences that may result from not taking proper legal steps and obtaining trademarks from the beginning. Some of these same individuals believe that if they are able to obtain a certain business name (i.e. LLC or Corp) then the trademark should be available. Nevertheless, this is not the case. The business name and trademark are not associated. A business name can be incorporated if there are no other business ..read more

As social media becomes one of the front stream platforms for growing businesses, one must understand how to protect these practices. Currently, many business owners are turning their Facebook pages into online stores or platforms for advertising and promoting brands and companies of others. Is this type of business afforded the same legal rights as other entities in similar or same fields? Of course it is because a business is a business regardless of its structure. There are a number of essential legal issues that must be considered prior to starting an online business. Similarly to offline ..read more

Is one allowed to Solicit their business services or goods on social media? The answer is it depends; however with social media becoming one of our top marketing platforms, these legal questions are becoming more pertinent and as a result, we need to fill in the grey areas with some clarity. Theoretically, most professionals are allowed to solicit online, although there are several instances when there is an exception to this rule. This article will cover these instances where soliciting (spamming) is not allowed by businesses or/and government regulations. The Internet boom gave rise to many ..read more

A ..read more

A ..read more