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Latest Articles

An Overview of Patents, Trademarks, and Copyrights

I am often asked do I need a trademark for my slogan? Can I patent my idea? How do I keep others from copying seminar materials that I have written? Well, here’s a primer for what all small business owners should know to protect their valuable intellectual property assets. First, you need to know what the […]

How to Select a Great Trademark

As a former trademark examining attorney for the U.S. Patent and Trademark Office and founder of The Trademark Company I am often asked for suggestions on how to select a great trademark by our start-up business customers.  The response is always the same, “It depends on what you want out of your trademark.” There are two schools of […]

An Overview of the U.S. Federal Trademark Registration Process

A U.S. federal trademark registration is your business’s most important asset.  It’s how consumers in the marketplace identify your goods and services apart from those of your competitors.  It’s also invaluable in stopping your competitors from adopting trademarks that are confusingly similar to yours. But the path to securing a U.S. federal trademark is often […]

Brand Protection for the Small Business

Small businesses are the backbone of America.  Often, however, small businesses struggle to find answers to critical questions about legal issues which can affect their ability to grow.We know what that is like.  We were there once too. One of our fundamental tenets in founding The Trademark Company was to provide small businesses with access […]

How to Protect Your Trademark

I love McDonald’s. If I could I would eat there three meals a day, seven days a week, 365 days per year. McDonald’s has been with me throughout my life from when I was a kid of the seventies watching Ronald McDonald to when I moved to Washington D.C. in the early nineties. When I […]

Brand Protection for Advertising Agencies

Marketing Agencies have an incredibly difficult job.  They are tasked with creating logos, slogans, and campaigns that will instantly grab the attention of the consumer, hold it, and allow them then to pitch their clients’ wares ultimately concluding in a sale or greater brand recognition. However, many marketers are unaware of the need to insure […]

7 Lesser-Known Refusals Every Trademark Owner Must Know

Recently the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office (“TTAB”) cancelled the federal trademark registrations for the NFL’s Washington Redskins on the grounds that they violate Section 2(a) of The Trademark Act of 1946.  Specifically, the Redskins’ trademarks were cancelled under Section 2(a) because, in the eyes of TTAB, the […]

3 Reasons to Protect Your Trademarks Now

Yes, I’m a lawyer. But I promise (Scout’s honor) that you can trust what I’m about to tell you: Your business needs to protect its trademarks. You may be saying to yourself, “Look at this attorney trying to drum up more business for himself and his brethren attorneys. How original.” But my motivation is steeped […]

5 Unusual Things You Should Trademark

Grand chocolatier Nestle recently won a trademark battle with rival confectioner Cadbury.  The case was about the unique shape of Nestle’s famed Kit Kat bar. The case began years ago when Nestle sought to register the four-fingered shape of the Kit Kat bar as a trademark in the European Union (EU). In 2002, the Office […]

3 Simple Steps to Avoiding IP Disputes

It happens all the time.  An entrepreneur starts a business, with the perfect name, brand, and domain. They set up a fan page on Facebook. Then they organize the entity, pouring time and resources into the project. And then, the unthinkable happens. A cease and desist letter arrives in the mailbox, demanding they stop what they’re […]