Intellectual Property

I help clients with registration of trademarks and copyrights, and assist them with licensing intellectual property of all kinds. Here are some blog post on intellectual property topics. If you want to contact me to discuss your intellectual property need to see if we are a good attorney-client fit, please send me an email or call.

Can My Business Name Be Trademarked? (5/22/2019) - This is a question that I get asked a lot; I'm happiest when we are asked before the name is "launched", so that the business owner can assess the amount of trademark protection that is available when deciding whether to adopt a particular trade name. "Can My Business Name Be Trademarked?" is a question that is best unpacked into several other questions: (1) Do I have any trademark protection in this name at all? If so, how strong of a mark is it?(2) Can this name be registered with the United States Patent and Trademark Office?(3) What… continue reading
How To Do An Effective Trademark Search with the USPTO Website (4/29/2019) - Part of doing a trademark application is to ensure they are not applying for something that is bound to fail. With respect to word marks in particular, is fairly easy to do a search first four names that a trademark examiner might find to be "confusingly similar". If a previously registered trademark has a name that the examiner considers to be "confusingly similar", then in all likelihood it's going to be difficult or impossible to register your desired mark. Graphic marks are a different beast, and are a little bit more difficult to search for.… continue reading
How much does it cost to have an attorney file a trademark application? (4/18/2019) - The very short answer is $1200. There are, of course, caveats and details. The first is that when I say "an attorney" I mean "me." Other attorneys may differ. If you're interested in talking about your trademark needs, to see if we might be a good attorney-client fit, then please contact me. Please bear in mind that the description in this post is only meant as a general guideline, and is not an offer that you can just accept. Before I will take you on as a client and start work, we have to talk… continue reading
Why pay an attorney handle your trademark application? (4/18/2019) - It saves you time, and prevents procedural mistakes. Many business owners want to have an attorney file their trademark. It is comforting to have a member of the profession guiding you through the process. The USPTO forms can be confusing. There are many trademark concepts to understand, such as dates of first use, specimens, intent-to-use, the goods and services description, and goods and services classification. In addition, because it takes about three months to have an examining attorney review an application. If you make an error, you are looking at not only lost money, but… continue reading
Legal Checklist For Choosing A Business Name (1/23/2015) - What should you think about when choosing a brand name? This isn't necessarily a definitive list, but it is a three things to consider from a legal perspective. Actually it's really two things: understanding the legal/marketing compromise of the mark strength, and then searching (both the internet and at the USPTO). 1) Consider the strength of the mark. There is a well-defined continuum of names, from weakest to strongest: Generic, a term everyone uses for the thing ("Fast Car"). This is not a good choice, usually. Descriptive, describes what the goods do (Ford "Transit" -- that's borderline generic,… continue reading