In the world of trademark law, there is a common misconception that simply using a word or logo on a product makes it a mark. However, the USPTO often issue a failure-to-function refusal – a...
You have developed the perfect name for your new product. It is catchy, memorable, and perfectly captures your brand’s essence. You are ready to file that trademark application and make it official....
With a new presidential administration, as of early 2026, the United States Patent and Trademark Office (USPTO) has significantly shifted its posture under a more protectionist “America First”...
For a Small to Medium Enterprise (SME), a trademark is more than just a logo; it is a primary business asset. While “common law” rights exist simply by using a name in business, they are...
One of the fundamental principles of trademark law is that certain terms cannot function as trademarks because, as being merely descriptive of the goods or sources, these marks lack the role as an...
When the USPTO examines trademark applications or when courts assess potential trademark infringement, they rely on a multifaceted analysis to determine whether two marks are likely to cause consumer...
The federal Lanham Act provides trademark owners various legal causes of action, including trademark infringement and dilution. While trademark infringement requires proof of consumer confusion,...
Trademark law intersects with First Amendment free speech rights in several key ways: Prior Restraint and Content-Based Restrictions: When the government denies trademark registration based on the...
Non-fungible tokens (NFTs) have revolutionized digital ownership and created entirely new categories of intellectual property disputes. As these blockchain-based assets continue to evolve, they...
The Lanham Act serves as the cornerstone of federal trademark law in the United States, establishing comprehensive protections for brands, consumers, and public figures alike. Among its many...