Tag Archives: trademarks

Business Entity Names, Domain Names, and Trademarks

New entrepreneurs and business owners are excited about starting their new business ventures, but often become confused by the differences between the domain names, business entity names, and trademarks of their emerging startups. While all three share similarities, there are differences between them. It is important to understand the differences and how they will impact

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Can Historical Names be Trademarked?

A trademark is used to identify and distinguish one company’s goods or services from another’s.  Trademarks can be words, combinations of words, signs, symbols, or designs. A trademark used over time creates brand equity by leading customers to associate quality and value with a particular business’s products. A company’s trademarks are therefore valuable intellectual property.

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Federal Circuit Holds Prohibition Against Trademark for Disparaging Terms is Unconstitutional

In December 2015, the Court of Appeals for the Federal Circuit struck down the section of federal trademark law prohibiting registration of disparaging trademarks as unconstitutional. In In Re Tam the Court concluded that the prohibition constitutes viewpoint discrimination, which is impermissible under the FIrst Amendment. Trademark registration in the U.S. has been governed since

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What is a Patent?

Patent, trademark, copyright, and trade secret law all offer the means to protect your business’s intellectual property. But what distinguishes these? This blog has already examined both copyright and trademarks. Now we turn to patents. A patent is essentially a property right in a particular invention. The U.S. Patent and Trademark Office (USPTO) examines patent

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What are Trademarks?

The famous Nike swoosh, the golden arch of McDonald’s, and the vicious feline that adorns every Jaguar are all examples of trademarks. Trademarks are designs or symbols that serve as identifiers for products or services. Trademarks are generally found on a package, label, or even the product itself. It is best that trademarks remain unique

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A Primer on Trademarks for Businesses

In the realm of intellectual property and in the business world, trademarks are of vital importance to a person or entity’s marketing. Trademarks generally include a name or word, or a design, logo, or symbol, which represents and distinguishes a good or service provided by a business or person from others. Sometimes they involve a

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