News & Resources

For many new companies, registering a trademark with the U.S. Patent and Trademark Office (USPTO) is their first foray into the world of intellectual property (IP) protection. For many established companies, filing trademark registration applications early and often is a core component of a broader IP protection strategy. In both […]

Trade secrets are among many companies’ most valuable assets. But, unlike other forms of intellectual property (i.e., copyrights, patents, and trademarks), trade secrets are not eligible for registration in the United States. So, what can—and should—companies do to protect them? While trade secrets are not eligible for registration in the […]

Trademark infringement disputes can present risks for both parties. For trademark owners, failure to effectively prove infringement can lead to loss of brand value, loss of goodwill and potentially even loss of their exclusive rights. For alleged infringers, failure to effectively defend against the allegations at hand can lead to […]

On March 10, Leslie Lott presented a review of important trademark cases decided in 2020 by the United State Supreme Court, United States Circuit Courts of Appeal, United States District Courts, and the Trademark Trial and Appeal Board of the United States Patent and Trademark Office.                                                  TRADEMARK CASE REVIEW […]

A trademark is a word, phrase, symbol or design, or combination thereof, which identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is closely related, except that it serves to identify and distinguish the source of services rather than […]

By Leslie J. Lott When you strike at a king, you must kill him. Ralph Waldo Emerson (1803-1882) I. Introduction Engaging in trademark parody is a little like striking at a king. You had better be good at it, because if you attempt and fail, you are in trouble. Parody is […]

Trademark law is designed to protect the consumer goodwill which merchants develop through the use of trademarks and service marks. This goal is achieved by preventing would-be infringers from using similar marks which could confuse consumers into thinking that these goods or services originate from the original mark owner. A […]

There are four basic categories of marks. These include fanciful and arbitrary marks, suggestive marks, descriptive marks, and generic terms. Fanciful marks, such as EXXON® and XEROX®, are completely made-up. Arbitrary marks in no way describe the goods or services they are meant to identify. Examples of arbitrary marks include […]

Trademark rights begin as soon as a mark is used. This protection is generally limited to the geographic area in which the actual use is taking place. To obtain protection throughout the United States, a trademark must be federally registered with the U.S. patent and trademark office. This requires use […]

A trademark search is recommended prior to use of the mark to ascertain whether the mark is likely to cause consumer confusion with an already existing mark. A search serves to ensure the validity of the mark. It is also important to keep in mind that trademark infringement does not […]