When business owners develop a wonderful product, often other people want to sell the product or use the trademark to develop other products. For example, a business develops a popular tasty rum and sells it under a registered trademark, YUMMY. Friends of the creator...
Trademark
Can You Trademark Disparaging and Scandalous Words?
Two major court cases in 2017 asked the question: can the government prohibit the registration of trademarks that may be considered defamatory or offensive? In 1905, The Trademark Act forbid the registration of scandalous and immoral trademarks. Then, in 1946, section...
Grumpy Cat Elated to Win $700k Lawsuit (But You Wouldn’t Know It)
You may know the internet celebrity Tardar Sauce by her more popular name, Grumpy Cat. She has been the subject of numerous memes. One of the most famous reads, “I had fun once. It was awful.” But you may not be aware that her owner, Tabatha Bundesen, formed the...
Can You Register Your Domain Name as a Trademark?
A domain name can become a trademark only if it is used as a trademark. Simply registering a word or words as a domain name does not itself establish trademark rights. Remember, a trademark identifies and distinguishes the source of goods or services. The key is...
How Much Will It Cost to Register My Trademark? – Part Three
The most common question I hear from potential clients is, “How much will it cost to register my trademark?” Since there are many variables that come into play when registering a trademark, there is no set answer. In previous posts, I covered several issues that need...
How Much Will It Cost to Register My Trademark? – Part Two
The most common question I hear from potential clients is, “How much will it cost to register my trademark?” Since there are many variables that come into play when registering a trademark, there is no set answer. In this three-part blog series, I share the issues...
How Much Will It Cost to Register My Trademark? – Part One
The most common question I hear from potential clients is, “How much will it cost to register my trademark?” Since there are many variables that come into play when registering a trademark, there is no set answer. In this three-part blog series, I will share the...
USE IT OR LOSE IT! Consistency in the Use of Your Trademark – Why Is It Important
It is not enough to just register your trademark. You must use it – or lose it. To maintain trademark rights, your trademark must be continuously used in commerce. The mark must appear prominently and consistently on labels or packages of goods and on all marketing...