Can I use and register an old and abandoned trademark?
It depends! That a trademark registration shows on the Trademark Office databases as “DEAD” do not necessarily mean that they are abandoned or not in use. Under Section 45 of the Act, 15 U.S.C. § 1127, a mark is considered abandoned when “its use has been discontinued with intent not to resume such use,” and […]
Policing your trademarks: Letter of Protest.
Besides registering and using their brands, trademark owners are required to enforce the rights granted under the law. Policing your brand means to monitoring the Trademark Registry and the market for identical or confusingly similar marks. Failure to enforce your trademark rights could mean losing those rights. In the case of monitoring the Trademark Registry […]
Protecting CBD trademarks.
The 2018 Farm Bill, signed into law on December 20, 2018, amended the Agricultural Marketing Act of 1946 (AMA) and changed certain federal authorities relating to the production and marketing of “hemp,”. “These changes include removing “hemp” from the CSA’s definition of marijuana, which means that cannabis plants and derivatives such as CBD that contain […]
Someone has prior use of our mark, what can I do?
In the United States trademark law is based on the common law first to use in commerce theory. “Common law” trademark rights are acquired automatically when a business uses a mark in commerce and are enforceable in state courts. Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection […]
Are influencers liable for trademark infringement?
Yes, they can be liable for trademark infringement. An “influencer” a “new” form of social media marketing, in my time we called them “paid spokespersons”, is someone with a lot of followers on social media who endorses or promotes products or services by encouraging followers to buy the brands they promote. By wearing a product […]
Is there is a Global Trademark?
Short answer is no. Intellectual property rights, such as those in trademarks, are territorial, meaning that protection of your trademark is granted in those jurisdictions where the mark is registered. However, there are international treaties that allows owners of registered trademarks to expand protection of their nationally registered trademarks to another countries. The Madrid Protocol allows […]
Can I use the image, name, likeness, or voice of a dead celebrity?
Most likely no. The right of publicity is an intellectual property right that protects a person’s name, likeness, nickname, pseudonym, voice, signature, likeness, or photograph that identify a particular individual. This right protects against the misappropriation for commercial purposes. Since there is no federal law that recognizes the right of publicity, publicity rights are protected […]
Can I protect a Board Game?
Yes. Designed your own board game? What forms of protection are available to protect a board game? Copyrights, Trademarks, and Patents. COPYRIGHTS Although the systems or processes that make up the core of a game, are not subject to copyright, the written rules, the design of the board, the cards, and other visual elements of […]
Can I protect a widely used commonplace expression?
Depends. A trademark or service mark which includes any word, name, symbol, device, or any combination “must” identify and distinguish the goods … from those manufactured or sold by others and … indicate the source of the goods, even if that source is unknown. Hence, a proposed trademark is registrable only if it functions as […]
Can I protect a hashtag or a tweet?
Yes. There are two venues of protection for a hashtag or tweet. As trademark or service mark which includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the […]