The Legal Side
The Benefits of a Trademark Clearance Search
What is a Trademark and Why Are Trademark Clearance Searches Necessary? A trademark is a symbol, word, or words legally registered or established by use as representing a company or product. Your trademark is the “source indicator” or the “anchor” to your overall brand and products. To be the only entity allowed to use a…
Read More...The Principal and the Supplemental Registers ~ Why Amazon Sellers MUST Be Aware of the Difference!
The Federal Trademark Register is made up of two separate registers—and they are not created equal. The Principal Register is just that—the principal, primary list of trademarks with the fullest federal protection. The Supplemental Register, on the other hand, is the second string, reserved for trademarks that couldn’t quite make the cut for the Principal. Let’s just…
Read More...We Ain’t Afraid of No Ghosts ~ Is Your Trademark Vulnerable
The U.S. Patent and Trademark Office (USPTO) continues to grace us with clarity on what constitutes a “phantom” trademark—and the effect is only slightly less scary than the Stay Puft Marshmallow Man. The Trademark Manual of Examining Procedure (“TMEP” or the “Trademark Bible”) states that a phantom element is “a word, alpha-numeric designation, or other…
Read More...Don’t be a Vongle
What is a VONGLE? I don’t even know. What does that brand name/trademark sound like to you? I don’t know about you, but I HATE it. What does it MEAN to you? How does it make you feel? Does it conjure up any emotional feeling within you? This term is a great example of a “brand…
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