Businesses often want to have a slogan that describes what they’re selling, but in order to be protectable as a trademark, the slogan has to be “distinctive.” That is, it must be used to identify the source of the product or service. If it does not, the slogan “fails to function” as a mark. The Trademark Manual of Examining Procedure [...]
If you endorse products or request endorsements for your products, it’s important for you to know that FTC guidelines require each endorsement to reflect the honest opinions, findings, beliefs, or experience of the endorser. These FTC guidelines give numerous examples of actions that are considered to be endorsements and make it clear that: • Advertisers may not procure, suppress, boost, [...]
Intellectual property (IP) refers to creations of the mind. Examples include artwork, computer software, novels, logos, music, and technological inventions. Although it’s intangible, IP is often more valuable for a business than its tangible assets, such as equipment and inventory. Nearly every business has some form of IP. Trade Secrets The Uniform Trade Secrets Act, which has been adopted by [...]
When you have a dispute with someone, your first thought may be, “I’ll sue that $#@*&^%!” but this may not be the best option. Litigation is a stressful, time-consuming, slow, and expensive way to resolve a dispute. This means that settling a dispute is often preferable to resolving the matter through litigation. It’s faster and cheaper, and no matter how [...]
Many small businesses start out as sole proprietorships or partnerships, usually because they’re the simplest to get up and running. For most businesses, though, the small amount of extra time and expense involved in setting up a corporation or limited liability company (LLC) will be well worth it. The most important benefit of doing business as a corporation or LLC [...]
A Proposed Increase in the Cost of Trademark Registration The US Patent and Trademark Office (USPTO) is proposing an increase in trademark-related fees. While the plan is not yet finalized, if you’ve been thinking of registering your trademark, now may be a good time, before the cost goes up. The paper application fee is proposed to increase from $750 to [...]
Many copyright-infringement claims arise from the use of photographs on the internet. Some people think it’s legal to simply copy photos found online and use them on their own websites, social media posts, and the like. Others know they can’t legally do that and license photos through stock-photo companies and Creative Commons. Relying on a license can be dangerous, though, [...]
When putting together an estate plan, trusts are commonly brought up as an alternative or complement to wills. One of the greatest benefits of trusts is avoiding probate, the court process of administering a deceased person’s estate, which can be long and costly depending on the make-up of the estate and the location where the deceased person resided. Other benefits [...]
The United States Patent and Trademark Office (PTO) has published a proposed rule to raise existing trademark fees, as well as to implement a number of new fees. Given the proposed new fees and fee increases, it’s a good idea to file trademark registration applications this year, as well as to pay maintenance fees if you’re eligible to do so. [...]
When negotiating or reviewing a contract, you might come across some terminology you don't recognize. Some of the legal terms you're likely to encounter in connection with contracts are: Breach of Contract A breach of contract occurs when one party fails to comply with the terms or conditions of an agreement. Depending on the type and significance of the breach [...]
