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Recent Posts in Trademark Category

World Land Speed Record Association Trademark Approval

This week we received the Registered Trademark ® approval for the WLSRA ®. This provides protection of our intellectual property for the World Land Speed Racing Association ®. Many thanks ...
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Changes in Trademark Law and How to File

At the time the Madrid Protocol went into effect with the United States joining the International Bureau in 2003, some changes to the trademark law had to be made by amending legislation. The United ...
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Protecting your Trademark Worldwide by using the Madrid System

The Madrid Protocol is one of two treaties comprising the Madrid System for international registration of trademarks. The protocol is a filing treaty and not a substantive harmonization treaty. A ...
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The Madrid Protocol for International Trademark Registration

The Madrid System is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world. Its legal basis is the multilateral treaty named the ...
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Trademarks and Secondary Meaning

Secondary meaning is a doctrine within trademark law. It affords protection to the user of an otherwise unprotectable descriptive mark. This protection is granted when the mark, through advertising or ...
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Trade Dress, What is It?

In an earlier blog entitled “Trademark infringement” I referred to a lawsuit between two energy drink manufactures selling Monster Energy Drink where the cans looked identical. The filed ...
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What's the Difference between a Trademark and a Brand?

We often hear the term "brand" used interchangeably with the term "trademark". But there is a legal difference between the two words. A trademark is a mark that legally represents ...
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The Eight Factors for Likelihood of Confusion

As was said in the last article, in order to have a valid claim for trademark infringement you must have the rights to use the mark in commerce and that by someone else using the mark there may be a ...
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Trademark Infringement

The picture to the left is Monster Energy Drink, but made by two different companies. The image comes out of the infringement lawsuit filed in the Federal District court to determine who gets to use ...
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Trademark Licensing

If you are a business owner wanting to allow others to use your trademark as part of their advertising to sell your product, it is always best to get a trademark licensing agreement. A trademark ...
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Trademark Protection

Being the first to use a mark in commerce gives you priority if someone wants to challenge you to stop using it. However, to obtain the greatest protection for a mark it is almost always advisable to ...
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"First-to-Use" versus "First-to-File" versus "Intend to Use"

When a mark is placed on a package or the side of a truck that identifies a good or service, it is said to be used in commerce. The first person to use a mark in commerce has what is called priority. ...
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Trademark - What is it?

A trademark is the way we identify the source. There are two types of trademarks. One is a trademark used to identify goods and another is called a “service mark” used to identify ...
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Protecting Business Names, Domain Names and Trademarks

Today new businesses want to have a presence on the Internet. Most people want a domain name that matches their business name or trademark. Since all of these terms will be linked with your business ...
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In Re Bilski - A new hurdle for method patents

In 2008 the Court of Appeals for the Federal Circuit issued an opinion in the case of In re Bilski which upheld the decision made by the Board of Patent Appeals and Interferences. Both rulings ...
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In Re Bilski: Update

On June 1, 2009 the Supreme Court decided to grant certiorari in the case of In Re Bilski (now Bilski v. Doll). Last fall the Federal Circuit ruled that the Bilski method patents would not be allowed ...
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David Kappos: Nominee for Patent and Trademark Director

On June 18th President Obama nominated David Kappos for the position of Patent and Trademark Director. Currently Mr. Kappos is the Vice President and Assistant General Counsel, Intellectual Property ...
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International Trademarks: The Madrid Protocol

In a global market the Madrid Protocol has made the processes of gaining an international trademark more efficient. Signed in 1989 the Madrid Protocol helps to regulate international trademarks in 74 ...
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Sundance V DeMonte - And Your Experience Is?

Apparently not just any experienced patent attorney can act as an expert witness in a patent suit. In the case of Sundance v DeMonte the United States Court of Appeals for the Federal Circuit came to ...
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USPTO Warning on Foreign Outsourcing

Citadel Patent Law has always done all of its own US patent application work in our offices in the USA. However, as in other aspects of business, including legal services, the USPTO has become aware ...
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