Hershey Co. has threatened a trademark infringement lawsuit against a California keto-cookie brand known as The Cookie Department. The alleged infringement stems from a shape that most of us know (and some of us love), the iconic teardrop shape of a chocolate chip. As...
Trademark scammers abound in the marketplace. Their aim: to defraud legitimate trademark owners who have taken the time to register their trademarks with the USPTO. I have warned clients and potential clients for years about these scams. Recently, one scammer was...
More states throughout the country are legalizing cannabidiol (“CBD”), a chemical component of the cannabis plant used for medicinal and recreational purposes. You can find it in balms, supplements, drinks, and food. A question regarding trademark has come up in the...
Consistency in the use of a trademark is extremely important to building a strong brand in commerce. It helps consumers immediately identify your business, products, and services. It creates the impression of a professional, well-organized, trustworthy company. In...
One of the first questions I ask a new trademark client is “Did you conduct a trademark clearance search?” Sometimes the client will say they searched on Google and found no one using the mark on the internet. Other clients will tell me they went onto the United...
“Failure to function as a trademark” is one of the reasons the United States Patent and Trademark Office (USPTO) may refuse to register an applicant’s proposed trademark. What does it mean? How can this happen? Quite simply, not all words, designs, or symbols used...
“IP Completion Day”, when the Brexit Transition Period for the United Kingdom leaving the European Union (EU) officially ends, is December 31, 2020. Many businesses in the United States have registered their trademarks in the EU or have international registrations...
On January 2, 2021, many fees for trademark applications and maintaining trademark registrations are going to increase according to a recent announcement from the United States Patent and Trademark Office (USPTO). Which fees are going up? There are quite a few,...