A Trademark Attorney Can Help: Trademark Registration, Trademark Infringement & Enforcement.

We Have A Trademark Attorney Who Can Help You On Trademark Infringement, Trademark Registration and Trademark Protection Issues: 

Our intellectual property trademark attorneys handle trademark, copyright, patent and idea protection issues every day. 

• You need a trademark attorney to handle trademark registration and monitoring in the United States and internationally.
• You need an attorney to make sure that your trademark infringement threat letter is either sent or responded to correctly. 
  
• We have an Internet lawyer who specializes in trademark domain name issues.
  
• Our Internet and complex litigation law firm handles some of the largest and most complex trademark infringement litigation cases in the United States, under the Lanham Act, UDRP and the Anti-Cybersquatting Protection Act. Contact us and let a real internet lawyer help you with your online issues. 
  

Litigation and Internet Law Attorney Enrico Schaefer: "We are a boutique litigation law firm built on client service.  Each trademark attorney here knows how to strategically and efficiently accomplish client goals within budget. We have a trademark lawyer on staff to handle any or your trademark needs."

Contact a trademark attorney for a no risk consultation about how we have assisted clients like you on trademark matters just like yours.

 

Register a TrademarkTrademark InfringementTrademark Monitoring

What is Trademark Infringement? A Trademark Infringement Lawyer Answers Your Questions.

What is trademark infringement? As a trademark lawyer, I hear the question all the time. Of course, we, as attorneys working at big law firms, we tend to think that everyone understands legal jargon. But they don't.

 

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With: Enrico Schaefer

Sponsored by: Traverse Trademark Law

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Trademark Cease and Desist Letter Samples

A sample trademark cease and desist or threat letter is something that can be very valuable for you as a client in working with a trademark infringement attorney who knows how to draft these documents because it can give you the context of the types of things that your trademark attorney is going to be doing for you in order to stop a third party from infringing your trademark, either on the Internet or in the off line world. So a cease and desist letter for a trademark infringement is one that is very typical, and there certainly are some cease and desist letter forms out there. We are going to post one to the bottom of this show so you could see what one looks like.

Trademark Infringement Claim by Ben & Jerry's against Porn Company

How to Deal with Trademark Infringement on the Internet: One Attorney's Perspective

Trademark infringement on the Internet and the World Wide Web is rampant. There is such a complete explosion of trademark infringement on the internet as a result of the registration of domain names, or the use of trademarks on web pages in order to divert customers from the rightful trademark owner into a competing site or a scam site or a site that has ads up on it.

I Want To Register My Name As A Trademark. How do I do it?

I want to register my name, my brand, my slogan as a trademark with the United States Patent and Trademark Office, the USPTO.  What do I do? How do I go about taking my brand, my name, which I put my heart and soul into creating, which tells consumers who I am as a business, what services I'm providing, how do I protect that name, slogan or logo as a trademark through trademark registration. My name is Enrico Shaeffer, I'm a trademark registration attorney with Traverse Internet Law, and today we're going to be talking a little bit about trademark registration self help; and how to register a trademark with the USPTO. 

Twitter's Trademark Infringement Problem

You may have heard that users have registered trademark terms on Twitter, and have also impersonated celebrities or other brand names. This is a consistent and ongoing problem for Twitter. The bigger problem, however, is Twitter's statement with regards to liability and their simple process that is required to be undertaken if, in fact, you want to have a trademark infringer or an impersonator removed from their service.

Well, what are these problems? Twitter first requires that any complaint, whether trademark or otherwise, be submitted from the domain name of the complaining party. So, for example, if you are an attorney that represents a party that owns www.something.com, then the attorney must be granted an email address from www.something.com. This requires the client to provide their attorney with an email address. 

How to Trademark a Name at the USPTO

Understanding how to trademark a name at the United States Patent and Trademark Office or the Trademark Office, is incredibly important. Many businesses and small companies often want to trademark their name, the name of their website, URL, or the name of their company or the name of the product or service. But they immediately think, "Well, can I just trademark this name by myself?"

Play: How to Trademark a Name at the USPTO
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With: Enrico Schaefer

Sponsored by: Traverse Trademark Law

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Ownership of a Trademark

who actually owns a trademark really depends on what entity was the first to make use of a distinctive mark in commerce. It is that entity that has ownership of the trademark. And that is under common law because common law recognizes that the first to make use of a distinctive trademark, and distinctive means that it’s arbitrary or fanciful or suggestive, not merely descriptive or generic. The owner of a distinctive mark is the one that first uses it in interstate commerce.

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With: Brian A. Hall

Sponsored by: Traverse Trademark Law

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Can I Use a Trademark that is Not Registered?

Common law trademark rights go to the first entity to use a distinctive mark in interstate commerce. The reality is, common law rights are only applicable to those areas in which you've used the trademark. So for example, if I sell a product and the name of the product is Brand X, if I use Brand X in Michigan and Texas and California, I may have common law trademark rights in Michigan, Texas and California. But I will not necessarily have trademark rights in other parts of the United States unless I actively marketed the good there under that brand and actually made sales there.

Play: Can I Use a Trademark that is Not Registered?
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With: Brian A. Hall

Sponsored by: Traverse Trademark Law

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Trademark Monitoring Is Critical To Online Brand Protection

brand monitoring is a phenomena which really kind of has grown up with the Internet. In the old brick and mortar world, you might worry about someone else using your trademark, but your ability to actually see that someone else was using your trademark or brand was very limited. So you might see an advertisement in the paper if you were lucky, that showed that someone else was using something that was either identical or similar enough to your trademark that it might cause consumer confusion. In the Internet space, now 99% of everything that happens commercially is also reflected on the worldwide web, it's reflected online, so it's very easy to see when other people, third parties, use a brand or mark that is too similar to your preexisting trademark.

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With: Enrico Schaefer

Sponsored by: Traverse Trademark Law

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No Trademark Protection for Generic Marks

A generic term is the weakest type of mark and can not, under any circumstances, become a protectable trademark.  Likewise, a generic mark is not entitled to trademark registration with the United States Patent and Trademark Office (USPTO).  If the public perceives the term primarily as the designation of the good itself, then the term is generic.  Put simply, if a mark is primarily associated with a type of product rather than with the producer, it is generic.

How to Use and Display Your Registered Trademark

...you should use the registered ® symbol every time you use your particular mark. Obviously, this would pertain to written materials only since when you're talking about your mark and using it in an oral sense; you cannot identify it as such. Regardless, use of the registered ® symbol should be consistent across all of your advertising and usage materials. Besides using the registered ® symbol, you also want to be consistent in your usage of your registered trademark...

How to Assign a Trademark

 Today, I will be answering a common question that I received which is how to effect a trademark assignment.  And before I get going on that, let’s talk about what a trademark assignment is.  Sometimes, people get confused between a trademark license and a trademark assignment, whereas a trademark owner retains ownership and merely licenses use to another in a trademark license arrangement, a trademark assignment essentially transfers ownership from the original trademark owner to a second subsequent owner. However, in order to do that, there are certain requirements that must be met under trademark law.

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With: Brian A. Hall

Sponsored by: Traverse Trademark Law

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Google Trademark Under Attack. Lawsuit filed claiming “Google” as Generic.

what a lot of folks understand is that we use common terms to refer to things, actions verbs and nouns for objects, so things that were trademarked in the past; such as escalator, aspirin, things like that. Those are objects, obviously. They became commonly used by the public and so became actually the word to use to refer to that object. So, here we have a situation where my client, our clients, I should say, are looking at the word Google and have recognized the fact or come to the realization that the public is using that term in a generic sense, really using it to refer to a search, to conduct a search, to search for something, whether it be on the Internet or elsewhere.

 

Play: Google Trademark Under Attack. Lawsuit filed claiming "Google" as Generic.
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With: Richard Wirtz,Tom Foster

Sponsored by: Traverse Trademark Law

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How can a Trademark be used in Keyword Advertising?

The reality is people can bid, or users can bid on any kind of a word. It just so happens that some words that people bid on are trademark protected. They can be trademark protected in one of two ways. They can be registered trademarks, with either the United States Patent and Trademark Office or some other country's registration office. Or they can be common law trademarks. The mere difference is one is actually registered whereas the other relies upon the common law, since they made use of a distinctive trademark in commerce. What happens is someone can go and say I want my sponsored advertisement to appear when that particular trademark is searched. For example, if Nike has some third party bid on their keyword Nike, so that third party's product or service appears when Nike is searched by a user, that's how a trademark can be used in key word advertising.

Play: How can a Trademark be used in Keyword Advertising?
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With: Brian A. Hall

Sponsored by: Traverse Trademark Law

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Trademark Specimen Refusal – Does Not Show Use With Specified Services

You want to trademark a name.  You thought you figured out how to file for trademark registration and filled out the online application form at www.uspto.gov.  Several months after filing your trademark to be registered, you received an office action from the examining attorney at the trademark office.  The office action states that the specimen you submitted for your services is inadequate.  An experienced trademark registration attorney can help you understand what to do next in order to fix your trademark application and proceed successfully through trademark registration. 

Here is an example of a trademark specimen refusal from the USPTO.