Trademarks Containing Generic Words Can Be Registered

On Tuesday June 30, 2020, the Supreme Court approved the trademark registration of “Booking.com” (Opinion of the Court), a generic term which was ineligible for trademark protection in the past. Booking.com had filed to register its domain name at the US Patent and Trademark Office. The office initially denied the registration, arguing that generic names […]
When Do Small Business Owners Need to Lawyer-up and Why You Need an Attorney too

If you’re thinking about starting a small business, or perhaps you’re already the owner of one, hiring an attorney may not have crossed your mind. Perhaps you’re worried about the stereotype of how expensive attorneys can be, or maybe you’re a capable do-it-yourself person who doesn’t need help. Either way, this article will give a […]
How Can I Lock In My Business Name So That No One Else Can Use It?

A “Mompreneur”, a mom who is also an entrepreneur, recently asked how she can lock in her business name so that no one else can use it. She is in the early stages of starting her business and isn’t ready to have a sign on the door or even a website. She had many, many […]
Why even worry about your Intellectual Property?

Risk of loss There is always the risk you will lose the rights to your creations. With patents, your invention can become a public invention with no exclusive usage rights. With trademarks, your mark can become generic. In fact, “Google” might lose its trademark because they argue that the verb, “to google something”, is now […]
The Importance of Protecting your Intellectual Property

Intellectual property refers to creations of the intellect for which a monopoly is assigned to designated owners by law. Intellectual property rights are the rights granted to the creators of Intellectual property and include: trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secrets. Artistic works including music and literature, as well as […]
What is a Trademark?

Definition of a Trademark The term “trademark” includes any word, name, symbol, or device, or any combination of the above that is used by a person, or which a person has a true intention of using in commerce and applies to register on the principal registry established by this chapter (15 USC, Section 1127) Legal […]
What is Intellectual Property (IP)?

Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols: names, images, and designs used in commerce. IP is divided into two categories: Industrial property, which includes… inventions (patents), trademarks, industrial designs, and geographic indications of source; Copyright, which includes… literary and artistic works, such as novels, poems, plays, […]