For Entrepreneurs & Business Owners
Protecting Intellectual Property
Trade secrets are valuable Intellectual Property. Make sure they are properly safe guarded. Follow the rules to make sure confidential information remains secure.
Do you treat your confidential information as company secrets? If not, it will be hard to protect your brand and business from theft of trade secrets.
Trademark registration is available for more than words and logos. Don’t overlook trade dress. It’s also valuable Intellectual Property.
Intellectual property valuation is an estimate of the value of a business including tangible (cash, real property) and intangible assets (IP, branding). Learn the basics.
There are six steps to build a valuable brand, Investigate the market place, select wisely, register with a plan, establish and monitor proper use, & enforce rights
How to Hire a Trademark Attorney
For most people, finding and hiring the right attorney can be daunting. When it comes to identifying a trusted trademark attorney to guide your brand in the global marketplace, the task can be even more daunting, and the wrong choice can be costly. In Part 1 of two parts, we explore the first five things you need to know.
The following questions are a helpful guide to your needs and who can best meet those needs, while being cost-efficient and accessible. A detailed discussion of each follows below. 6. Do you need a global expert for an online business or for dealing with counterfeit goods? 7. Are foreign costs monitored and reasonable, and will your attorney do the work instead of a junior paralegal? Read more
Learn about the types of marks and why two of them make bad choices as a brand name or trademark
An example of a trademark made from “Cotton Candy” shows the value of an arbitrary trademark.
Trademark lawyers Bill Finkelstein & Cheryl Hodgson share what makes for a good trademark. You want the mark to be memorable and distinctive.
Los Angeles Trademark Attorney Cheryl Hodgson speaks to a group of winery owners in Paso Robles. In this video, Cheryl shares how to choose a great trademark. And, why it’s so important to choose a good one.
When choosing your own brand names, look to Pepsi and Apple as examples of good trademarks.
Understand why a trademark search is important before launching a new product or service.
There are common mistakes made in trademark filings. Here are five reasons you might experience rejection.
There are real benefits to having a registered trademark for your brand names. Here are 6 reasons a trademark registration is useful to protect your online brand from poachers.
International Trademark Registration
International trademark registration has become vitally important for online brands. Brand owners selling in the global market are well-served to understand the basics of international trademark registration, lest their brand disappear. Two real client stories to guide you.
US trademark registration is not only available to U.S. trademark owners. Foreign based brands can also obtain a US trademark registration. This guide to US trademark registration will guide non US based trademark owners on how to secure a US trademark registration.
Is your client expanding outside the U.S.? Is an international trademark registration necessary? The process can be confusing. Here are the basics.
Maintaining Trademark Rights
There is an old expression: “Hung by the tongue,” meaning something is said that one lives to regret. When it comes to trademark use, this saying is particularly true. Trademark owners are required to establish and maintain proper trademark use, including monitoring use of the mark by third parties.
Trademark owners are required to monitor the market place and “police” their trademark rights. Failure to do so over time will result in a loss of valuable Intellectual Property rights.
Genericide is a process whereby a brand name or trademark is transformed through popular usage into a common noun. Aspirin, zipper, escalator, thermos. Legal rights in the trademark are lost.
This World Trademark Review round table of experts shares how to protect your brand in Web 2.0. A must read for all business owners with a brand to protect.
Internet Registration Issues
Registration of a URL or a trademark used on a website has become common. However, there are strict rules regarding establishing trademark use. If these rules are not followed, trademark registration will be refused.
The Trademark Office has detailed and exacting requirements which should used to counsel clients before filing an application to register. Without proper use, the application will be refused.
Are you selling goods or services outside the U.S., including by the Internet? Is an international trademark registration necessary? The process can be confusing. Here are the basics
Clients and marketing professionals believe registration of a domain name is sufficient protection and there is no need to register a trademark or service mark. Los Angeles trademark attorney Cheryl Hodgson explains why domain names are not a substitute for trademark registration.
There is often confusion as to the difference between registration of a domain name and a trademark. Domain names are not trademarks unless properly used.
Cyber security for registered trademarks is now available by registering with the Trademark Clearinghouse. Are your trademarks secure from online thieves?
There are hundreds of new generic Top Level Domains. Trademarks are at risk of being poached in the new domain endings. Are your trademarks registered with the Trademark Clearing House?
Winemakers from around the globe oppose launch of .wine .vine, two new gTLDs citing concerns over lack of safeguards to protect consumers and winemakers.
Trademark attorney Cheryl Hodgson explains whether a company using the name of the owner as its brand name can obtain a federal trademark registration. Cheryl spoke to winery owners from Paso Robles and discussed this issue. Many wineries have a surname as part of the name of the winery
Titles of books, films, or songs do not qualify for trademark registration when used solely to identify the title a single work. Trademark registration is available for a series of work, workshops or training programs based upon the title, or ancillary goods such clothing or restaurants.
There are specific rules for how register artist names for sound recordings, as book authors. Here are some of the rules.
The music group ABBA paved the way for a trademark for artist names for music recordings and videos.
The business media seems fascinated with the Taylor Swift trademarks registration strategy. It’s nothing new. First was “Margueritaville” and “Louie Louie”
Trademark registration for a hashtag is possible if the hashtag is used to promoted goods and services, not just as a way to organize content. Learn the rules here.
Not all domain containing a third party trademark are cybersquatters. Some are innocent domain owners and victims of an Internet Domain Bully. These are also called Roverse Domain Name Hijackers