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: Trademarks
Trademarks are words, taglines, symbols, and graphics that are used to designate the source or origin of goods or services. If you are using your mark in interstate commerce (across state lines), then you are eligible to apply for a federal trademark registration.
You do not need a federal trademark registration to claim rights to a trademark. All you have to do is start using the mark in commerce to identify goods or services. However, a federal trademark registration provides nationwide notice that you claim rights in your trademark. A federal trademark registration is required to file an infringement action in federal court.
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
“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?