Trademark Registration Archives

Amazon — Another Reason to Register Your Brand As a Trademark Early

{2 minutes to read} If you’re a products-based business, or are getting ready to launch a products-based business, you may have heard of the Amazon Brand Registry program. A new and improved Brand Registry was launched in 2017 by Amazon to help provide sellers with accurate brand representation, powerful search tools, and proactive brand protection. Brand Registry helps brand owners protect their brands (on Amazon), and helps sellers develop trust with customers. It is an extremely important program for many...

When I File My Trademark Application, Should I Include My Logo?

By Kelly Weiner

{4:00 minutes to read} Like most answers to legal questions, the answer to this article’s title is, it depends. Filing separate applications to cover each element of your branding, which can include words, slogans, design elements, stylization, even product design, and color, would provide you the strongest legal protection. However, not every company has the financial resources to do this. If you have a tight legal budget, are a newly formed business, or a business that often refreshes its branding...

Which Comes First, Company Formation or the Trademark Search?

By Kelly Weiner

{3:00 minutes to read} This question comes up frequently, especially when we're working with startups. Whether they're getting ready to launch, preparing to pitch to investors, or have just recently paid $5,000 for the perfect domain name, there is often a sense of urgency around company formation. But startups should consider conducting a trademark search before forming their company. One common misconception is that registering a business name or a domain name will provide the owner with exclusive rights to...

3 Mistakes to Avoid When Naming

By Kelly Weiner

{3:00 minutes to read} There are three typical legal mistakes businesses make when naming their company, a product, or a service offering: 1. The name is already taken. Generally, a name can’t be registered as a trademark if there's an existing registered trademark that is "confusingly similar" to the proposed trademark. Determining the likelihood of confusion involves a multifactor test that takes into consideration such things as: •The visual similarities between the marks; •The similarities between the goods or services being...

Is Your Trademark Client Protected?

By Kelly Weiner

{4:00 minutes to read} Trademark rights are territorial. With a US trademark registration, trademark rights extend nationwide, but a US trademark registration generally will not provide a trademark owner with protection in other countries. There is no worldwide trademark protection. Protecting a worldwide brand can involve a large number of filings in individual countries, which can be extremely expensive. Trademark owners will often focus on core areas of interest. At a minimum, owners will want to file in countries that...