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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
