Patents! They sound boring, but for the mad scientists out there, they’re pure gold. Patents protect new, useful, and non-obvious inventions. It’s not for your
What’s spooky? Not knowing the difference between copyright and trademark. Copyright protects the creative work itself. Trademarks protect the brand that sells the work. They
The answer is: the moment you create it. Your original work is protected by copyright the moment you “fix it in a tangible medium,” like
Don’t let your creative work become a ghost story. It’s time to learn how to tame the four horsemen of your brand’s apocalypse: the four
Here are 4 Ways to Avoid Trademark Infringement Trouble
1. Do a Trademark Search Before You Name Your Business.
2. Do a Trademark
Trademark owners aren’t just being aggressive when they search for infringement, send cease-and-desist letters, or file lawsuits. They have to (and so do YOU). If
Under U.S. trademark law, infringement occurs when a business name, logo, or other brand identifier is so similar to an existing trademark that it could
Many small business owners assume that if they didn’t intend to copy someone else’s trademark, they can’t be sued for infringement. Unfortunately, intent doesn’t matter.
To avoid these pitfalls, aim for names that are suggestive, arbitrary, or fanciful:
• Suggestive: Hints at what you do without being too obvious
Sometimes, a mark that suffers from the ailment of being generic, descriptive, or primarily a surname (or some other problems) can be registered on the
Many businesses are named after their founders, but if your business name is primarily a surname, you could run into trademark challenges. The USPTO generally
The U.S. Patent and Trademark Office (USPTO) won’t grant trademark protection to business names that are purely generic (e.g., “The Coffee Shop” for a café)
This content is for informational and educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney.