Recent Blog Posts

New Regulations for Cannabis-Based Products Take Effect

On May 2nd, the United States Patent and Trademark Office (USPTO) announced that it will be accepting trademark applications for goods that are derived from cannabis and industrial hemp. 

When Should I Talk to a Trademark Attorney?

A common question I get is, “When should I talk to a trademark attorney?” The answer is: as soon as possible. I was recently contacted by a potential client who said, “We’re about to make large signs with our new trademark. We were wondering if we can start the registration process.” They gave me the […]

Werschulz Patent Law Recognized for Excellence

I was raised in the generation that was told “self-praise stinks,” and “nice girls don’t brag,” so it’s against my nature to brag. But the time has come for me to start bragging about my law firm and my practice.

What Happens If Someone Opposes My Trademark?

As I’ve written before, the first thing a brand owner wishing to register their trademark with the United States Patent and Trademark Office (USPTO) should do is APPLY. Once the fee is paid, it’s assigned to an examining attorney who examines the records to see if there is a likelihood of confusion with other trademarks […]

Toe Dabbling Day

As I write this, we’re in the middle of a really cold snap. It doesn’t seem like spring will get here — but I want to recall one of my most cherished memories of my college days and share it with you because I think there’s a lesson that we can all take from it.

WHERE Are The Women Inventors?

In cooperation with some international groups, the United States Patent and Trademark Office (USPTO), conducted a 40-year comprehensive study through the end of 2016 profiling women inventors as they appear on US patents.

Trademarks: Using the ® Symbol With Secondary Meaning

Over the last few months, I’ve talked about different types of trademarks; there’s the brand name (also known as the wordmark), logos, and combinations of brand names and logos. There are also other types of trademarks that we don’t think about too often but are pretty ubiquitous.

Using the ® Symbol: Trademarks Part 2

We’ve talked about when you can use the ® symbol with your trademark — that you can use it after you have been registered with the United States Patent and Trademark Office. But what most people don’t know is that there are two registries for trademarks that the federal government keeps.

Market Trademarks: Which Symbol Can I Use After My Logo?

A question I frequently get from clients who are looking to develop a brand for a product or service is, “Can I use ™? Can I use the Ⓡ?” The answer to that is very specific, particularly when it comes to the Ⓡ.

Patents Require More Than Ideas

Not every great idea is patentable. Lots of people come to me with some really good ideas, but unfortunately, they don’t pass the test of something that is new and non-obvious.