Entries by Kevin J. Soucek

Trademark Oppositions: A Play for Your Playbook

The National Collegiate Athletic Association (NCAA) is playing defense once again to protect its valuable trademarks for MARCH MADNESS® via a trademark opposition. In short, if a party determines that it could be harmed by the registration of another party’s mark, they can file a trademark opposition against the potential registration of that other party’s […]

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Don’t Leave Yourself Exposed with a Naked Trademark License

Clothing your trademark license with certain contractual provisions can possibly cover an otherwise uncomfortably bare exposure. An owner of a trademark has a duty to ensure the consistency of its trademarks, as well as the good(s) and/or service(s) under which its trademarks are used. If a trademark owner enters into a license agreement and fails […]

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USPTO Now Requiring U.S. Representation for All Foreign Trademark Applicants, Registrants, or Parties

Effective August 3, 2019, the United States Patent and Trademark Office (USPTO) will require all applicants, registrants, or parties (including Canadian attorneys) not domiciled in the United States to be represented by a U.S. attorney before the USPTO.  This new requirement is in response to a recent surge in filings from foreign applicants, in an […]

“Adapt And Grow:” The Benefits of the Trademark Tacking Doctrine

March 4, 2022  Developing a recognizable consumer brand takes a significant amount of time and money. As such, trademarks, being in continuous use in commerce, barring certain exceptions, would not have a designated expiration date, unlike copyrights and patents. Therefore, maintaining brand recognition for generations may require businesses to update or even change their branding. […]

Do Your Homework Before Selecting a Brand or Company Name

  Prior to introducing a brand name in the marketplace, it is important to make an informed business decision by doing your due diligence. Any lack thereof could cost time and money, and risk embarrassment. For example, in April 2017, Starbucks® introduced a color and flavor-changing blended beverage with the name “Unicorn Frappuccino.” This colorful […]

Five Ways to Safeguard Your IP

A company’s intellectual property is a vital asset that should be protected. Walter | Haverfield Attorneys Kevin Soucek and Jamie Pingor list five ways that businesses can safeguard their IP in an e-article published by the Council of Smaller Enterprises (COSE), a division of the Greater Cleveland Partnership.

Five Ways to Protect Your Intellectual Property

  The intellectual property you create is a vital asset. However, creating and maintaining a durable intellectual property portfolio can be costly. Many sophisticated entrepreneurs or business leaders forgo prioritizing protection of such intellectual property because it is often perceived as just another inessential expenditure, rather than a shrewd, strategic investment. Some overlook protecting their […]