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
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
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
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
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
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?