BW INSIGHTS

Trademark Symbols – “®” “TM” “SM” – What Do They Mean and When Should I Use Them?

By Christopher Proskey | 01.10.2022
I’m often asked the question “What do the Trademark Symbols – “®” “TM” “SM” – mean, and when should I use them?” Only One Rule: There is only one rule that you have to follow when it comes to the use of trademark symbols, and that is: You cannot use the “®” symbol unless and until the trademark is officially registered by the United States Patent... Read More

Date of First Use Anywhere

By Jordan Meggison-Decker | 06.21.2021
There are two dates that must be specified in every trademark/service mark application. They are, the date of first use anywhere and the date of first use in commerce. TMEP 903.03. The date of first use anywhere will always be earlier than or the same as the date of first use in commerce. Id. The date of first use anywhere is the date when goods... Read More

Trademark Consent and Coexistence Agreements

By Jordan Meggison-Decker | 08.24.2020
Usually, an entity registers their trademark to prevent consumer confusion and/or unpermitted use of their valuable branding. However, due to the sheer volume of new businesses annually and their tendency for rapid growth, it is not uncommon for two or more companies to use extremely similar marks without knowledge of the others’ existence. Most... Read More

Claiming Color as Part of a Trademark

By David Breiner | 09.19.2019
A trademark is a symbol used in commerce to identify a source of goods and services. This symbol often takes the form of a logo, word(s), and/or phrase. Trademark protection comes from using a trademark in commerce. However, trademark protection may be enhanced by filing the trademark with the United States Patent and Trademark Office (USPTO). A... Read More

Bankrupt with Bygone Rights: Supreme Court Tackles Tough Trademark Issue

By Jordan Meggison-Decker | 08.22.2019
Article written by BrownWinick 2019 Summer Associate, Mackensie Graham, and BrownWinick attorney, Jordan Meggison-Decker In a recent Supreme Court case that bridged the areas of law between intellectual property, contracts, and bankruptcy, trademark licensees came away with a win. To best understand the May 2019 decision in Mission Product... Read More

Principal Trademark Registration vs. Supplemental Trademark Registration

By BrownWinick | 11.08.2018
Prosecuting a trademark at the United States Patent & Trademark Office (USPTO) is one of the most strict administrative proceedings in the world. The USPTO is very active in examining applications and is constantly policing the trademark registers. Yes, that says registers, as in plural. There is actually more than one register available to those... Read More

How to Raise Money for Your Business - Part 2: Micro-Loans

By BrownWinick | 09.19.2018
Getting a business started is like approaching a massive steel wheel. There are no axels, no motors, just you, an idea and the wheel. The wheel is stationary. Like Atlas, you shoulder the wheel and start to press with all your strength. The wheel budges a little. The more effort you put in, the more the wheel moves. The goal is to have the wheel... Read More

How to Raise Money for Your Business - Part 1: Grants & Programs

By BrownWinick | 08.20.2018
Quick’s Design & Construction is what I called my failed business. My 20-year-old self started a construction business with the goal of paying my rent while completing my engineering degree. I was young and energetic with 6 years of industry experience. What could go wrong? Three years later I was selling my tools, trailer, and other acquired... Read More

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