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“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. […]

Increase in Trademark Fees, Effective January 2, 2021

November 24, 2020 As if anything else could go wrong in 2020, the U.S. Patent and Trademark Office (USPTO) has announced an increase in a number of trademark filing fees, effective January 2, 2021.  For anyone considering a new U.S. trademark application filing as well as anyone having a renewal due, you can take advantage of […]

Have a Game Plan When Seeking to Secure Intellectual Property Rights

July 29, 2020  When attempting to secure certain intellectual property rights, it is best to have a game plan in place before taking the field. This plan should be enacted timely and include provisions to overcome potential obstacles as identified in the plan. As any new sport season brings its normal set of challenges, a […]

Intellectual Property Amid COVID-19

March 17, 2020  In the world of intellectual property, it is essentially business as usual as many examiners at the United States Patent & Trademark Office (USPTO) have been tele-working for years. Although, their tele-working set-up has not been without some changes. As of March 16, 2020, the USPTO will remain open for business and […]

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 […]

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 […]

Brand Names: Don’t Be the Next Unicorn Frappuccino

  Walter | Haverfield attorney Kevin Soucek advises companies to do their due diligence before introducing a brand name in the marketplace. Soucek’s article appeared in “Mind Your Business,” an e-newsletter for small business owners published by the Council of Smaller Enterprises (COSE).    

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 […]