For decades the U.S. Patent and Trademark Office (“USPTO”) has refused to register trademarks consisting of words or symbols deemed “immoral’ or ‘scandalous’, in accordance with Section 2(a) of The Lanham Act. In recent weeks, however, the Supreme Court of the United States struck down this long-held prohibition when it ruled that the refusal to [...]
When you produce a unique work from your own vision and ideas, naturally, you are inclined to protect it from being reproduced and/or attributed to someone else. The self-fulfillment of contributing to the world is the reason creative expression has been at the heart of culture since the beginning of time. Factor in the potential [...]
A trademark lawyer at Gehres Law Library can help you to determine if you can register a brand name, symbol, words, or phrase under U.S. trademark laws. If so, we will provide unmatched representation through the process of registering your trademark. There are certain legal requirements and limitations on what can be trademarked, so it [...]
What is trademark infringement? In a nutshell, trademark infringement is the unlawful use of an established trademark or a confusingly similar one with the same or similar goods or services. Depending on the circumstances, a trademark owner who believes its mark is being infringed may file a civil lawsuit in either state or federal court. [...]
You have gone through the painstaking process of starting a business, developing a brand for your business, namely, your business’ trademark, invested significant time and resources into this development, and suddenly you discover another business is using your exact trademark or a similar one. What can you do? What are the Elements of a Trademark [...]
