While it is true that almost anything can be protected as a trademark, the context around its use makes a big difference. Choosing a trademark carefully is important to avoid pitfalls and to support the long-term growth and strength of a brand. Generic vs. Distinctive Terms A classic example of […]
Running a business in Florida often means juggling a maze of rules and requirements from multiple regulatory agencies. Even careful business owners can find themselves accused of breaking a rule they never knew existed. The good news is that Florida law recognizes that not every misstep should carry harsh penalties. […]
Slogans, like “JUST DO IT”, can be among the best and most memorable trademarks a company can use. But how protectable are they, and what can a business do to make sure that its slogan is protected? Slogans as Trademarks At its core, a trademark is a goods/source identifier. In […]
Following up on my What’s the Difference Between a Trademark, a Copyright, and a Patent? blog post, someone asked, “Do I automatically get copyright protection when I create something?” And the short answer is yes – sort of. Automatic Protection In the United States, copyright protection attaches automatically to original […]
When you receive notice that an administrative complaint, notice to show cause, or other charging document has been filed against your license, your first instinct may not be to reach out to your customers. After all, telling your customers that your livelihood is at risk can feel counterintuitive. But in […]
Clients often want to know how long it takes to register a trademark. The short answer is that it can take anywhere from a few months to several years. The good news is that many of the variables affecting how long it takes for a trademark application to mature to […]
For many small and mid sized business owners, the promise of automation, artificial intelligence, and passive income can seem like the next logical step in scaling operations or diversifying revenue. Unfortunately, these aspirations are increasingly targeted by bad actors offering fraudulent “AI powered” business opportunities. The Federal Trade Commission (FTC) […]
You see them all the time, ™ © ®, but what do they mean? Let’s start with the © symbol since it’s not like the other two. The © symbol is part of a statutory copyright notice pursuant to 17 U.S.C.§ 401(b)(1). Prior to March 1, 1989, copyright notices were […]
Oftentimes, the first step in starting a new business is coming up with a name. Not just any name, but a name that uniquely identifies your business. If that name is already someone else’s trademark, that could have serious consequences for you and your business. Not only could consumers get […]
I’m often asked, ‘When should I apply to register my business name as a trademark?’ Like with buying real estate, the best time was yesterday; the second-best time is today. That’s because trademark rights are based on priority of continuous use, and the sooner you register your trademark, the earlier […]