Recent Blog Posts

Guidelines for Choosing a Trademark

I’m often asked the question, “How do you choose a trademark?”  There are some specific rules on how to choose a good trademark. I’m not going to talk about the marketing aspect of whether a name inspires people to purchase your product or engage you for a service — I’ll leave that to the marketing […]

The Case of Experience v. Enthusiasm: Why Not Both?

My mailman is not really sure about me. On any given day, I might receive a magazine from the American Bar Association for senior lawyers called Experience, alongside brochures about how to wind down my practice and ease into retirement. In the same delivery, the mailman would be equally likely to leave a copy of […]

“Pro Tips” for Your Prototype

People always ask, “Well I haven’t built a prototype, can I apply for a patent?” And the truth of the matter is: you don’t need a prototype to apply for a patent.                      If you are going to build a prototype, I’d love to share some […]

Who Owns That Copyright?

We’ve been talking a little bit about copyright, and how an author owns a copyright or copyrights as soon as their work is put into fixed media. Whether it’s written on a piece of paper, saved on a hard drive, or chiseled into stone, a copyright exists. Now the question is: Who owns that copyright? 

Copyrights 101: What You Need to Know (Part 2)

Last time, we talked about how to get a copyright and when it takes effect. There are many things we use in our daily lives and you may wonder who owns the copyright.

Copyrights 101: What You Need to Know

Copyright is an area of intellectual property that is just as important as patents and trademarks. There are a lot of questions and misconceptions about copyright:  How do you get a copyright? Who owns the copyright? When does a copyright take effect?  Step 1 – Date of Creation  In 1989, the United States became a […]

Help! Do I Need a Trademark [or] Service Mark [or] Wordmark?

Trademark law is complicated. I hope to help educate and simplify very dense explanations through my blog articles to clients, colleagues, and the public. In a recent conversation, I was asked:  “If someone owns a “service mark” on a particular phrase, can someone else own the “word mark” on that same phrase, too? For example, […]

Your Trademark Application Was Rejected Due to Likelihood of Confusion. What Now?

As I’ve explained previously, most trademark applications go through the Trademark Office system without being rejected, unlike most patent applications. 

Help! My Trademark Application Has Been Rejected!

Every so often, I get a phone call from somebody who says, “Help! My trademark application was rejected by the United States Patent and Trademark Office [USPTO].”  Rejections of trademark registration applications are more unusual than patent application rejections. As I’ve explained in previous articles it is normal and expected that a patent application will […]

How Long to Get a Trademark Registered?

Many times clients ask me, “How long will it take for me to get my trademark?” The real answer is you get your trademark when you start to use it, and I’ve explained that in other posts.  Today I’m going to answer the real question, “How long will it take me to get my trademark […]