Apple has created trade dress intellectual property and obtained a trade dress registration for more than its Apple trademark – the bitten apple. It also has a registered trademark, a trade dress registration for its Apple Store Design.
Protect Your Brand
Vaccinate Your Brand
Former members of BLACK FLAG were in a fight over rights to the name and famous logo when a second group called FLAG began touring using the logo. It’s a common problem that can be avoided. A few years ago, the founders of the largest Mexican group in America were jailed in Mexico for two months for attempting to perform in Mexico under their own name.
Clients and marketing professionals are often confused as to the difference between registration of a domain name and registering a trademark or service mark. Domains names are not trademarks. A domain is nothing more than an Internet address, much like the street address where you live. Domain names do not afford protection against use of the domain name for competitive products or services unless separate trademark rights are established and registered.
A registered trademark is vital to protecting your brand in today’s online global market place. Before filing for a registered trademark, review your proposed trademark to see whether it will even qualify for legal protection and approval as a registered trademark. When selecting a trademark to marry to your brand values and message, it’s important to know where a proposed brand name lands on the continuum of legal protection.
Who wants to go to the expense and time to file for a federal trademark registration for a new brand name and then get rejected? As many as 70% of all trademark filings are initially rejected, with the Examining Lawyer at the USPTO issuing an Office Action refusing registration. Some Office Actions are scary, complicated, and require expert trademark counsel.
For most people, finding and hiring the right attorney can be daunting. When it comes to identifying a trusted trademark lawyer 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.