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Who Has The Right to Use the Business Trademark After the Partnership Ends?

Thursday, February 15th, 2018

There is no easy or straight forward answer to this question. You need to consider the trademark (brand) as an asset that has value (or perhaps not). If it has value and the business entity is dissolving you need make sure that it is considered among other assets and whether the entity has creditors. Assuming […]

What is Nominative Fair Use and Can I Use Another’s Trademark?

Thursday, February 15th, 2018

Generally, you are free to use another’s trademark descriptively in text to refer to that mark holder. In some cases, you may even be able to do so within a domain, but it is much easier to cross the line over to infringing use by doing so if you are not very careful. This is […]

Am I Allowed to Resell Another’s Product Without Permission?

Thursday, February 15th, 2018

In general, you are free to resell any lawfully purchased item and you are not required to purchase from an authorized source, but doing so ensures the best chances that you are dealing in a legitimate product. If the products you sell turn out to be counterfeit you are responsible for that. Even if you have […]

Can I Use Quotes?

Thursday, February 15th, 2018

Using quotes will generally be permitted. This is largely because using what amounts to a very small portion of a much larger body of work will not be considered copyright infringement and short phrases or small groups of words are not protected under copyright law. Now in some cases, especially where the work from which […]

What are the USPTO Trademark Section 8 and Section 15 Filings?

Tuesday, February 13th, 2018

So you received a courtesy notice from the United States Patent and Trademark Office (USPTO) letting you know that you are now ready to file your Section 8 – Statement of Continued Use (a mandatory filing) and your Section 15 – Declaration of Incontestability (an optional filing). What is the Trademark Section 8 and Why […]

Do I Need to Hire a Trademark Lawyer?

Saturday, February 3rd, 2018

These days shopping around for trademark registration services is a bit like going to the market to shop for bread in that it can be very overwhelming. With so many options at such varying price levels it is hard to know which direction to go in. Hopefully this article will offer some clarity. Trademark Basics […]

Can I Sell Another’s Branded Product Under My Own Trademark?

Thursday, February 1st, 2018

This question comes up a lot and the answer is very likely not. There is a concept in trademark law known as “reverse passing off.” To put it simply, reverse passing off occurs when one seller purchases the goods of another then removes the other company’s branding, replacing it with their own and selling it […]

Understanding Trademark Symbols

Thursday, February 1st, 2018

Often there is confusion about when and how to use various trademark symbols and qualifiers. Let me start here with a basic and general reminder. Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence on all the text names upfront and before you start spending […]

Do I Have Any Trademark Rights Even If I Never Registered the Name?

Wednesday, January 31st, 2018

The short answer is MAYBE. The United States, like many countries around the globe, but certainly not all, is a common law jurisdiction when it comes to trademark rights. This means that the right to use a given business name, product name, tagline, etc. stems from being the first to use that trademark within the geographic […]

Can I Use Quotes to Promote My Product or Service?

Wednesday, January 31st, 2018

This question comes up a lot in both the trademark as well as copyright context. In general, using quotes will be permitted. This is largely because using what amounts to a very small portion of a much larger body of work will not be considered copyright infringement and short phrases or small groups of words […]