Online sales represent a significant percentage of revenue for many companies. However, a seemingly endless number of cyber infringers have emerged to cash in on a seller’s success. There are a three common IP infringement scenarios that occur with online sellers on...
When might the USPTO refuse a trademark application?
It can be crushing for brand owners to be told "no" when it comes to moving a great idea forward. A common obstacle is actually the United States Patent and Trademark Office (USPTO). The USPTO can refuse an application for a number of reasons. Here are a few that may...
What is a ‘confusingly similar’ mark?
Businesses spend massive resources in design, manufacturing and advertising to develop logos and packaging that make their product distinctive. While there may be infinite possibilities for how parties do this, there are situations in which one company's design is...
Registering a trademark before using it in commerce
We often discuss the importance of proactively protecting intellectual property on this blog. For instance, conducting thorough research into a product design or name before going to market can be an easy way to prevent costly legal battles over trademarks and...
Don’t abandon your trademark during the pandemic
Business owners across Minnesota have been struggling with an uncertain business landscape. Financial constraints, employee safety and health regulations that change all the time can put an incredible strain on owners. With so much to think about, it can be easy to...
Changing a name may not suffice in resolving infringement claims
Imagine you run a business. You've spent months developing a new product design and recently launched it with some exciting success. However, it is not long before you get a cease and desist letter from another company claiming your new design infringes on their...
How to protect your brand name online
Brand reputation and name recognition are among a business's most valuable assets. They set a company apart and drive consumer loyalty. Unfortunately, it does not take much to damage a brand name, particularly in the age of the internet. Negative reviews, bad press...
Court of Appeals revives denied trademark application
Two companies with similar marks operated in the same region for more than 40 years without any actual confusion arising for consumers. Nonetheless, the Trademark Trial and Appeal Board (TTAB) found a disqualifying likelihood of confusion when one company tried to...
Tips for conducting a trademark clearance search
Any business owner looking to distinguish themselves would be wise to protect the elements that set them apart. This can be possible through trademarking any word, symbol, design or phrase your company uses to identify itself in the marketplace. However, owners must...
Attorneys’ fees awards in trademark cases
Appellate court lowers the bar When most people think about what it takes to qualify as “exceptional,” they probably imagine a fairly high bar. That’s not how the U.S. Court of Appeals for the Seventh Circuit sees it, though — at least when it comes to the standard...