The Importance of Conducting a Thorough Trademark Search

Posted by on Nov 6, 2011 in Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Intellectual Property, News, Trademark | 0 comments The problem with trademarks is the fact that they are literally the backbone of your company. Without it, you are just another business on the side of the road, unrecognizable and less likely to gain any type of following. Just as the trademarks can bring additional business to your company based on name recognition, consistent excellent quality of services and goods, and longstanding goodwill, a...
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The Benefits of Federal Trademark Registration

Posted by on Nov 4, 2011 in Art, Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Entertainment, Intellectual Property, News, Television, Trademark | 0 comments When a party registers his or her trademark with the United States Patent and Trademark Office, presumptions come into play and infringement lawsuits become a lot more feasible from a financial standpoint. An infringement lawsuit is the only way to enforce trademark ownership and federal registration makes it much easier to win a federal lawsuit against later infringers. Federal registration make...
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Determining Trademark Ownership

Posted by on Nov 4, 2011 in Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Entertainment, Intellectual Property, News, Television, Trademark | 0 comments Trademark ownership is determined by who uses the mark first in a commercial setting. By simply using a name, logo, or other symbol to identify goods or services in the marketplace, a trademark has been created and trademark ownership has been established. There is no real difference between a trademark and a service mark. A trademark refers to any name, logo, symbol or other device used to...
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Trademarks: the Importance of Conducting a Thorough Search Before Choosing

Posted by on Oct 24, 2011 in Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Intellectual Property, News, Trademark | 0 comments One of the biggest mistakes a business can make is spending years building the business and brand only to realize that they cannot expand the business to a state (or worse yet, states) because a third party has superior rights to that trademark in that territory or, worse yet, they get a cease and desist notice from another business in their area claiming superior ownership! Taking the time to...
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Trademarks and the Value in Trademark Ownership

Posted by on Oct 24, 2011 in Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Intellectual Property, News, Trademark | 0 comments Trademark ownership is determined by who uses the mark first in a commercial setting. Technically, an individual has established an ownership interest in a trademark the minute the trademark is used to identify goods or services in the marketplace. That means, the minute a business owner uses a name, logo, or symbol in the market, they have established a common law right to a trademark. However,...
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