Terms, designs, etc which lack distinctiveness are not eligible for federal trademark registration. Under US Trademark Law, distinctiveness is measured by the five categories discussed below. Registerability
Under US Trademark Law, trademarks are considered “source identifiers” and as such should identify the source of the goods/services but not the nature of the goods/services. Terms which identify the nature of the goods/services by describing the goods/services or are gen
"Choosing a business name is an important step in the business planning process. Not only should you pick a name that reflects your brand identity, but you also need to ensure it is properly registered and protected for the long term. You should also give a thought to whether it’s web-ready. Is the domain name even available?...Trademark infringement can carry a high cost for your business. Before you pick a name, see if a similar name, or variations of it, is trademarked...Y
For authors seeking to acquire trademark protection of their literary titles, navigating the application and prosecution with the United States Patent & Trademark Office (USPTO) can be quite difficult. The essential purpose of a trademark is to serve as a source identifier for particular goods and/or services, giving notice to consumers that the goods and/or services are quality controlled by a specific supplier. The trademark must be unique, not immediately conveying the nat
Many new business owners make the costly mistake of putting the cart before the horse, meaning that after creating a business name and/or logo, they invest in pricey marketing materials, websites and advertising strategies BEFORE consulting a trademark attorney. An astute business owner first seeks counsel from an attorney to: 1) Conduct a trademark novelty search, 2) Provide an analysis on the availability of a business name/logo and 3) Issue a risk report of potentially li
Intellectual Property protection for musicians is essential. While a musician's creations are protected by common law, filing for copyright registration provides serval additional advantages, including public notice of ownership and legal evidence of ownership as well as maximum recovery of damages in the event of infringement. In addition to seeking copyright registration for musical works, it would be prudent for musicians to invest in trademark protection for their band na