I found my trademark registered for different goods or services - does that create an issue?

Posted by Alexander Karana | Jul 05, 2021 | 0 Comments

A trademark examiner will only refuse your application for a likelihood of confusion if there is another mark that is similar in appearance AND in a related class of goods or services.  What is a related class?  A trademark attorney will help you determine which classes are related. Other marks registered in related classes that is not your class may be a bar against your mark.  Understanding your class and related classes is important under U.S. Trademark law.

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Why should I hire an attorney to help with my trademark?

Posted by Alexander Karana | Jul 03, 2021 | 0 Comments

Whether you looking to protect IP in Cannabis, Crypto, NFTs, or other industries a trademark can be a strong IP asset.  Trademarks are simply a design, logo, words, or slogan that distinguish goods and services from others.  Trademark laws are meant to protect the consumer.  Trademark registrations allows you to commercialize your name and enforce against infringers who will cause confusion to consumers. Registering a trademark is not easy

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Does My LLC or Business Name Need a Trademark?

Posted by Alexander Karana | Jun 22, 2021 | 0 Comments

Why should I trademark my business name? The term "Trademark" means a logo, phrase or brand name used by a particular person or a company to distinguish their products from other competitors. It allows the companies to prevent others from using their business or brand names. Under the Lanham Act...

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Should I trademark the name of my mobile app?

Posted by Alexander Karana | Jun 21, 2021 | 0 Comments

Each person or a group of persons develop their mobile applications with certain novelty. Trademark registration allows the developers of mobile applications to have legal authority over their usage of the mobile app name or logo. The registration of the mobile application as a trademark can be done by filing an application before the USPTO. By registering the mobile application as a trademark, you can have the following benefits: Prevent others from developing a mobile applications using a similar name as their own trademark. You gain national ownership for your mobile application name or logo. You can assign the Trademark Rights to any assignee. You can launch your mobile applications safely in Google PlayStore and App Store. You can avoid and prevent the chance of infringement of other mobile application trademarks. You can start a lawsuit and be entitled to statutory damages and attorney's fees. 

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Can you trademark a catchphrase?

Posted by Alexander Karana | Jun 20, 2021 | 0 Comments

It is most important for any person or a company to stand out from others and increase their profits gained from a brand, phrase, logo, or design. Using a catchphrase for your brand or product helps you in achieving your business goals in the long term. A catchphrase is nothing but a word or a ...

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What is a Trade Dress?

Posted by Alexander Karana | Jun 18, 2021 | 0 Comments

What is Trade Dress? Trademark allows the companies or any other product manufacturers to distinguish their product from the potential competitors. It blocks others from copying the various products of a particular company. Under the US Lanham Act, there is a specific term called Trade Dress. Tr...

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What should I do if I receive an Office Action?

Posted by Alexander Karana | Jun 17, 2021 | 0 Comments

Trademark registration allows companies to use their product or brand without any legal consequences. It makes their product, design, logo or company name more famous and profitable. The United States Patent and Trademark Office is the sole agency to grant the certificate of registration of a t...

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Some Marks are Not Trademarkable

Posted by Alexander Karana | Jun 06, 2021 | 0 Comments

Generic Terms, Last Names, Flags of States, and Other Marks are Not Trademarkable Some things just aren't trademarkable. First and foremost, anything that is likely to be confused with a mark that's already registered cannot be trademarked. That is why, before you file for a trademark, you con...

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Trademark Logo vs. Design vs. Name

Posted by Alexander Karana | Jun 05, 2021 | 0 Comments

It's always best to trademark your business name and logo separately, so you can use them separately. If you end up rebranding in the future, it's unlikely that you'll change your business name, but your logo might evolve! ⠀⠀⠀Logos are offered protection for any words that they enc...

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NFTs, RFIDs, & Authenticating Fashion

Posted by Alexander Karana | Jun 02, 2021 | 0 Comments

Connecting the Digital NFT to the Physical Goods Counterfeit Goods Market In the future, our view of ownership and authentication will change with the merging of NFTs and RFID chips (Radio-Frequency Identification). Why will these two technologies merge?  It is to prevent the production of coun...

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DMCA & NFTs: Are Decentralized Takedowns Even Possible?

Posted by Alexander Karana | May 31, 2021 | 0 Comments

Amendability of Immutable Blockchains for Infringing NFTs How do DMCA Take-downs work with NFT Platforms? Most likely, they dont!  The difficulty in removing, recovering, or modifying NFTs on an immutable blockchain is, well, IMMUTABLE. Remedy for Infringing NFTs on Immutable Blockchains. Statutory & Actual Damages. Diverting Perpetual Royalties in NFTs. A judge should order the NFT platform like Opensea or Rarible to divert the royalty funds to the copyright owner's wallets (similar to what Youtube does with diverting Ad revenues).  Otherwise, a judge should order the handing over of the wallet to the proper IP owner or sending the NFT to the IP owner's wallet, if that is possible.

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Logo Trademarks

Posted by Alexander Karana | May 31, 2021 | 0 Comments

Should you trademark your logo? The short answer is YES.  Protecting your brand is vital to the success of your company. Trademarking your logo will: Enable you to stop others from using your logo in a confusingly similar way. Identify you as the source of your goods or services. Logos t...

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NFT Artworks: Tokenizing Art Collections

Posted by Alexander Karana | May 31, 2021 | 0 Comments

NFT Legal Considerations; Underlying Copyright Rights in NFTs; NFTs Depicting Celebrities & Publicity Rights; Creating Commercial Transactions with NFTs; Blockchain markets choices for NFTs; Crypto Community & Marketing NFTs. When selling NFTs, creators need to be cognizant to distinguish between ownership of: The NFT (the Token); The material object which the NFT refers to (the Content or Digital Copy); and The bundle of copyrights or other artistic rights that originates in the authorship of the work (the Intellectual Property).

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Getting a Slogan Registered as a Trademark

Posted by Alexander Karana | May 30, 2021 | 0 Comments

How do you get a Slogan Registered? A slogan can add way more meaning and value to your brand.  Slogans can be catchy so that consumers identify your products or services and develop an emotional response.  A slogan is a type of phrase and is defined as "a brief attention-getting phrase used in advertising or promotion" and "a catch phrase used to advertise a product," just like the examples above. Slogans are registrable if they are “capable of trademark significance” and “used in such a way as to identify and distinguish the seller’s goods and services from those of others.A registrable slogan is one that is used in a trademark sense and functions as a trademark or service mark on the Principal or Supplemental Register. Slogans, by their attention-getting nature, are treated as unitary matter and must not be broken up for purposes of requiring a disclaimer.

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Does registering my business protect my brand name?

Posted by Alexander Karana | Apr 16, 2021 | 0 Comments

When you create an LLC, S-Corp, C-corp, or other business entity, you chose a name that wasn't already in use in your state.
  This doesn't protect you from someone in another state using the same (or similar) name as you!
. This doesn't even usually protect you from someone in your own state having a similar sounding name (aka it could confuse your customers/clients if it's in the same business area).

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Why Should I Trademark My Brand?

Posted by Alexander Karana | Apr 14, 2021 | 0 Comments

So what's the point of filing for a federal trademark? 💡Trademarking your brand (or business name, logo, etc) gives you PROTECTION! So the better question is, why WOULDN'T you want to trademark your brand? You've already spent countless hours creating and building your brand. You created someth...

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What is a Trademark?

Posted by Alexander Karana | Apr 12, 2021 | 0 Comments

The Benefits of a Registered Trademark. Exclusive ownership rights to your mark in the U.S.  Protection from infringers and the ability to send cease & desist letters or bring a federal suit.  Save $$$ from having to litigate the use of your brand.  Save $$$ from having to rebrand because of multiple users.  The right to recover statutory damages from the infringer - up to $100,000 per counterfeit mark. The right to recover your attorney's fees from the infringer. The right to use ®️

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