Almost everyone has heard about trademarks. But when asked what is a trademark, most people draw a blank. Even savvy business owners understand that they likely have a trademark, but they’re not sure how to protect it. Let’s start by learning what is a trademark. A trademark is a distinctive symbol, word or phrase used… Continue reading What is a trademark?
Category: Intellectual Property (IP)
Intellectual property (IP) is an umbrella term that refers to patents, trademarks, copyrights, and trade secrets. An IP lawyer is skilled at helping clients protect their intellectual property.
Perhaps patents and trademarks are the most important forms of intellectual property (IP). Patents protect inventions. In order to practice before the USPTO as a patent attorney, the attorney must be registered both as an attorney at the state level, and at the USPTO.
Trademark protect words, taglines, and graphics used to designate the source or origin of the sale of goods or services in commerce. An attorney registered to practice in any state can help you apply for a federal trademark registration.
Common Pitfalls When Selecting a New Trademark
Denver patent and trademark attorney Mark Trenner often receives calls from small business owners about selecting a new trademark. Below is a transcript of an interview Mark gave, in which he shares some of the common pitfalls business owners may encounter when selecting a new trademark. Selecting A New Trademark Interviewer: What is the biggest pitfall… Continue reading Common Pitfalls When Selecting a New Trademark
Hershey files trademark infringement lawsuit
Trademark infringement lawsuits generally fall into two categories. Perhaps the most common is due to a lack of planning. Businesses start using a trademark without any background research to determine whether that mark is already in use. The second most common are the sellers who want to trade off of the success of a popular… Continue reading Hershey files trademark infringement lawsuit
Celebrity Personality Rights
Did you know that a celebrity’s personality is considered more of a property right than a personal right? This means that even after a celebrity dies, their likeness and image is still protected from being commercially exploited without permission or compensation, similar to a trademark, and as assignable to an estate or inheritor. In 1985,… Continue reading Celebrity Personality Rights
Social Media Policies
Social media is no longer a commodity reserved for personal use. It is now a vital marketing tool for virtually every business and organization. There’s a good chance that your business has a social media presence, but there’s also a good chance that you do not have a social media policy implemented. A social media… Continue reading Social Media Policies
The “Fair Use” Rule
You may be wondering if there are certain situations where you can use someone else’s copyrighted work without their consent. The short answer is no—you cannot use an entire work without the author’s permission. However, limited use of that work under certain circumstances may be acceptable under the ‘fair use’ rule. The “fair use” rule… Continue reading The “Fair Use” Rule
“12th Man” Infringement: Might the Denver Broncos Have to Pay?
“12th Man” Infringement: Might the Denver Broncos Have to Pay? Today is a big day in Colorado. Tim Tebow and the Denver Broncos are in the NFL playoffs, and they’re scheduled to play against the New England Patriots today. So what do the Denver Broncos have in common with intellectual property law? Plenty. Colorado patent… Continue reading “12th Man” Infringement: Might the Denver Broncos Have to Pay?