With Halloween approaching there are more scary things than usual sending chills down my spine. Some of these things are fun-scary, like playing spooky pranks on friends, covering my eyes for most of a horror flick, or taking witching hour strolls through poorly lit cemeteries. Then there are things like the current economic crisis sending … Read more
Things have been pretty exciting in trademark law over the last few years. The Slants won a case in the Supreme Court to protect their band’s name – overturning a longtime precedent of the USPTO barring trademark protection for “disparaging terms.” Now, the Supreme Court is at it again – ruling against the USPTO and … Read more
Here we are. We know our company has value and so does the trademark. That means I often look at it through a final set of lenses. Those are succinctly put: Offense Defense Increase value Other third party considerations (a/k/a Amazon told me to) Offense: Are we wanting to swat down people trying to pretend … Read more
Now we know that we are eligible for federal registration, and that we can afford it. But is it important? Is this a primary part of our business or not? What is your return on your investment for this product? In our pretend business, SCRUBBIEDUBS is our overall trademark, so that’s likely important. What if … Read more
After last week’s post, we know that for a federal trademark we need to have interstate commerce, often because we are selling across state lines. So let’s pretend that we know we can apply for federal registration based on sales. Now, we have to decide if it is a strong trademark: Is this mark protectible? … Read more
I have been asked the question, “Is getting a trademark worth the money?” a lot lately. Companies are trying to protect their assets and their budget. They want to spend their money wisely so they rightly ask if this is a good use of it. Now, I always laugh a little and remind them that … Read more
Last week we posted a video about Non-Disclosure Agreements (NDA/s) and how a common mistake in their drafting could put your Company’s trade secrets at risk. Now, we’re following up with this blog post to point out the key provisions to keep an eye out for. Remember: Trade Secrets are protected by statute and can … Read more
Taking a slight break from the current news and topics this week to talk about our favorite topic at OG+S: trademarks. A Little Background: Not every word or phrase in the universe can be trademarked. Specifically, words that are generic or descriptive (without something more) cannot be protected. It sounds complicated, but most of the … Read more
Trademarks are our jam at OG+S. This post is a short one about trademark strategy and what to think about if your brand has a global reach. First to Use: In the United States, we have a “first to use” system when it comes to trademarks. What that means is that the Company who uses … Read more
Pizza Hut has my wife’s favorite pizza. Now, I’ve always loved “the Hut” – but I wasn’t a fan of the pizza until I met Kim. So, how can you love a pizza place but not really love its pizza? Its awesome trademark, obviously. Most companies utilize two flavors of trademark – a design mark … Read more