Archive for Trademark

Private Label Products

If you’d like to offer a product under your brand that you don’t make you have two options: 1) develop that product and enter the market with your own version, or 2) find an existing version you like, and enter into an agreement for that company to manufacture the product for you, under your brand. […]

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Cheap Trademark Applications: You Get What You Pay For

There are a lot of companies who offer shockingly inexpensive services to prepare and file your trademark application, as low as $99 plus governmental fees. Most of those companies offer flat fees, but closer examination of the offers reveals that if you face any push back from the Trademark Office you may owe them additional […]

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How to Protect my IP in Manufacturing?

A strong non-disclosure agreement (NDA), and a US based manufacturer are your best ways to protect your intellectual property if you’re working with a third party manufacturer. Too often you hear stories of foreign manufacturers making a product for their client, then slightly modifying the molds and making essentially identical products for their own resale. […]

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Opposing a Trademark Application

Every week the United States Patent and Trademark Office publishes a list of trademark applications that they have approved for registration. There is a thirty day period after publication during which a third party may either oppose registration, or ask for an extension of time to oppose. It’s common for someone with a competing mark […]

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Using Patents as Assets

Intellectual property may be intangible, but it is treated like real and personal property for most purposes. Just like real estate and personal assets, intellectual property can be used as collateral on some loans – if you can find a lender who’s willing to accept the patent as security on loan. Similarly, patents, or shares […]

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Protecting Famous Trademarks

Certain famous trademarks get a little extra legal protection under Anti-dilution statutes. For example, while you would not expect Coca-Cola to make stand-mixers, if I tried to make Coca-Cola branded stand mixers Coke would likely be able to stop me using anti-dilution statutes. The principle being that Coke’s brand is so famous that even if […]

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Whose Line is It Anyway Part 3 – Improv

Improvisational comedy, comedy made up on the spot often by a team of performers, has been increasing in popularity over the last 20-30 years. What was previously isolated to a few major cities, has spread to theaters across the nation. There was even an improvised Off-Broadway musical last year. With all of this creativity, surely […]

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Protecting Designs as Trademark

The shape and design of a product can itself be protected by trademark law, under an area called trade dress. Some famous examples of trade dress are the Levi’s jeans back pocket stitching, and the shape and color of certain pills. Trade dress can be registered just like trademarks, but requires proof that the the […]

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What Makes a Strong Trademark?

You’ll often hear marketers or attorneys talking about a “strong” trademark. But what makes one mark strong versus another? Trademarks exist on a spectrum from generic to arbitrary. With generic names being very weak and unprotectable marks, and arbitrary (or fanciful) being strong marks. Let’s dive deeper. To evaluate strength of the mark, you need […]

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Trademark Your Business’ Logo, or Name?

You can file for a trademark on words, stylized words, or designed logos. Filing for the mark on the words themselves, called a standard character mark, offers you very broad protection for your trade name. If you have this kind of registration, you can assert your mark against with a confusingly similar mark for related […]

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