Blog Posts: Intellectual Property

If your mark is descriptive and lacks secondary meaning, the Principal Register may not be an option. But there’s still a path to protection: the Supplemental Register. The USPTO maintains two federal trademark registers. The Principal Register offers full benefits, including presumptive nationwide rights, public notice of ownership, and the ability to bring sui...

In today’s digital-first world, trademarks are more visible—and vulnerable—than ever. Social-media platforms offer powerful brand exposure, but they also present new challenges for protecting your intellectual property. Username squatting is a growing issue. Someone may register your business name on Instagram, Twitter, or TikTok before you do. While most pl...

Artificial intelligence (AI) is transforming industries across the board, and the legal field is no exception. Clients today are increasingly turning to AI tools like ChatGPT, Google’s Gemini, and other generative platforms to assist with legal research or draft documents before bringing them to their attorneys. At first glance, this seems like a great way to sav...

Trademark licensing allows brand owners to authorize others to use their mark in connection with goods or services—often in exchange for royalties or business partnerships. When done properly, licensing can strengthen a brand and expand its reach. But done improperly, it can weaken rights or even lead to loss of protection. The key to a successful trademark lice...

As lawsuits over artificial intelligence and copyrights continue to unfold, two recent federal court decisions from the Northern District of California provide early insight—conflicting at times—into how judges will begin to draw the boundaries of “fair use” in AI training. In Bartz v. Anthropic PBC and Kadrey v. Meta Platforms Inc., the courts reached diff...

U.S. trademark rights stop at the border. If your business operates internationally or plans to expand abroad, you need to understand how to protect your trademark rights beyond the United States. Unlike the U.S., many countries follow a “first-to-file” system, which means rights are awarded to the first party to register the mark—not necessarily the first t...

In trademark law, distinctiveness is key. The more distinctive a mark, the stronger its legal protection—and the easier to register and enforce the mark. Trademark law classifies marks along a spectrum of distinctiveness, ranging from inherently protectable to completely un-protectable. Understanding where your mark falls on this spectrum is critical to selecting...

Securing a federal trademark registration is a major milestone—but it is not the end of the journey. To keep your rights strong and enforceable, you need to maintain the registration and actively protect the mark in the marketplace. Here is how to do both. 1.Use the Mark Consistently Trademark rights depend on ongoing use. Make sure the mark is used as register...

Trademark infringement occurs when someone uses a mark that is confusingly similar to another party’s registered or common law trademark in connection with related goods or services. The key issue is whether consumers are likely to be misled into thinking the goods or services come from the same source. What Constitutes Infringement? Not every similar mark is i...

Registering and protecting a trademark involves more than just filing paperwork. Many businesses make costly errors that could lead to rejection, enforcement issues, or even the loss of rights. Here are some of the most common trademark mistakes—and how to avoid them. 1. Failing to Conduct a Proper Search One of the most frequent—and avoidable—mistakes is s...