In Intellectual Property News – January 2017

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The world of intellectual property can be alternately straightforward or complex, entertaining or laborious. Here is a round up of a little bit of all of the above for the months of December 2016/January 2017. Enjoy! Have questions? Reach out: barbara@thinkalexanderlegal.com or 404-900-6881.

Question: What do a dance-rock band and an NFL team have in common? 

Answer: A shared opinion that a portion of a 60-plus-year old trademark statute is unconstitutional. The Washington Redskins have been fighting their own legal battle with ...

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In Intellectual Property News… August 2016

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In Intellectual Property News… August 2016

The  world of intellectual property can be alternately straightforward or complex, entertaining or laborious. 

Here is a round up of a little bit of all of the above for this month of August 2016. Enjoy!  Have questions?  Reach out: barbara@thinkalexanderlegal.com or 404-900-6881.

Grocery store chain Whole Foods Market (@WholeFoods) received an initial refusal for “World’s Healthiest Grocery Store” — a trademark filed as an intent-to-use application.  The intent-to-use filing basis means Whole Foods not started to use ...

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Protecting your brand online

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Entrepreneurs and businesses: are you being naïve about your online activities? You should have an integrated online brand protection strategy to effectively protect your brand.

Think of the Internet as follows:

1. Search engines: It’s where most prospective customers begin a search for a product or service.  Do you have a strategy that addresses cyber-squatters and counterfeiters that show up next to your website in search results? Don’t assume the prospective customer can tell the difference between your brand, a cyber-squatter or ...

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Trademark Squatters: What They Do and Why It Matters

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Trademark Squatting: Could it happen to you?

As a business owner, you took the time, spent the money, and achieved success!  The United States Patent and Trademark Office (USPTO) registered your trademark. Your trademark is protected in the United States!  And only in the United States.  Meanwhile, an unscrupulous, enterprising trademark squatter notices that your trademark is registered in the United States, but it is not registered anywhere else. This trademark squatter files an application to register ...

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Trademark Protection Outside the U.S.

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When deciding whether to extend your trademark protection outside the United States:

Are there foreign countries in which you are currently using your trademark, or likely to be using your mark in the next 1-2 years?

If so, your brand may benefit from filing an individual national application in each country in which you are currently doing business or intend to do so in the near future. Depending on which countries you wish to seek trademark protection, it may make more ...

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Do I need to conduct a trademark clearance search?

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Do I need to conduct a trademark clearance search?

What are the dangers of skipping a trademark clearance search?

You are not required to conduct a trademark clearance search before preparing and filing a trademark application. Is it a good idea to do so?  Absolutely! A trademark clearance search identifies potential conflicts your application could encounter when the United States Patent and Trademark Office (USPTO) reviews it and decides whether or not to approve it. It also allows a trademark attorney ...

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Protecting Potential Patent Rights

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Protecting Potential Patent Rights

Startups are typically heady with patent potential, whether real or imagined. It is important to keep in mind some best practices for protecting potential patent rights.

1. Audit your Intellectual Property. Develop of system to organize a keep track of your potentially patentable inventions.  Schedule “harvest” sessions with a patent attorney to identify potential patentable inventions. These sessions are a relatively inexpensive way to develop a patent strategy that makes sense for your startup.

2. Be careful with public and ...

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Opposition Proceeding: When to Oppose the Registration of a Trademark

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Opposition Proceeding: When to Oppose the Registration of a Trademark

If you are a trademark owner who monitors your trademark portfolio, you are likely paying attention to applications filed with the United States Patent and Trademark Office (USPTO). You want to ensure that no applicant attempts to register a trademark you believe to be confusingly similar to your own trademark. Perhaps a competitor is looking to register a merely descriptive or generic term that you believe should be available for ...

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Trademark: From Application to (Opposition) to Registration

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Trademark: From Application to (Opposition) to Registration

We previously published posts on trademark selection and preparing and filing trademark applications. When looking to adopt a trademark, it is best for the mark to be fanciful, arbitrary, or at the very least suggestive, with reference to your goods and/or services. When undertaking the trademark selection process, do your research and avoid selecting marks that could be considered similar to another mark already in use, in your same industries in particular. ...

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