What’s in a Name? Unicorn Latte vs. Unicorn Frappuccino

A rose by any other name may still be a rose, but what about a Unicorn Latte? Starbucks briefly sold a Unicorn Frappuccino for a few days in April. This was enough to become a defendant in a trademark infringement lawsuit, brought by Montauk Juice Company, owners of The End a juice shop in Brooklyn… Continue reading What’s in a Name? Unicorn Latte vs. Unicorn Frappuccino

Trademark Applicants – Beware of Scams After Filing TM App

A trademark application filed with the U.S. Patent & Trademark Office contains required information about the trademark applicant, including the applicant’s name and address. The applicant’s name and address are publicly-available, even when an attorney files the trademark application. There are companies that exploit this public information by sending official-looking documents to trademark applicants requesting… Continue reading Trademark Applicants – Beware of Scams After Filing TM App

Tips to Selecting Proper Trademark Classification in Trademark Application

Every trademark application filed with the United States Patent& Trademark Office (PTO) must identify the goods or services that are associated with the trademark.  Failure to properly classify the goods or services in a trademark application may result in rejection of the trademark application. However, choosing the correct trademark classification is not as straight-forward as… Continue reading Tips to Selecting Proper Trademark Classification in Trademark Application

Apple, Inc. and What a Company can do with $231.5 Billion Cash-on-Hand

People often ask about the extent of patent and trademark applications needed to protect the intellectual property of a business.  As shown by Apple, the answer is: as much as possible. Apple, Inc. has $231.5 billion in cash-on-hand. When a company has this kind of cash it can afford to pursue patent applications that others might not pursue due… Continue reading Apple, Inc. and What a Company can do with $231.5 Billion Cash-on-Hand

Trademark Basics

Trademarks are an important business asset.  Trademarks have different aspects.  A trademark can function as a brand name to identify the goods or services provided by a business.  Trademarks are also an aspect of the “goodwill” of a business, and can be important in business valuation A trademark identifies the source of the goods or… Continue reading Trademark Basics

Trademark Specimen of Use — Is “TM” or ® OK to use in a specimen of use?

It is the policy of the  U.S. Patent & Trademark Office (PTO) that trademarks may not be warehoused, or saved for later use.  Therefore, the PTO requires evidence of actual use in commerce before allowing registration of a trademark.  The evidence of actual use is called a “specimen”. Each trademark application must include an acceptable… Continue reading Trademark Specimen of Use — Is “TM” or ® OK to use in a specimen of use?