Trademarks

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Amazon News

Amazon is back at it again and this time they seem to have their sights set on Blue Apron. Amazon has filed an intent to use trademark application for prepared food kits with the phrase “We do the prep. You be the chef.” Earlier this year, the online giant purchased Whole Foods for $13.7 billion but their involvement in this space dates back to 2013 with Amazon Fresh grocery delivery. The company also trademarked the phrase “Some eat to live. We live to eat” on their Wickedly Prime snack foods released earlier this year. #Trademarks #OmniLegalGroup #Intellectualpropertylaw

By |July 19th, 2017|Trademarks|0 Comments

What You Need To Know About Trademarks For Your Business

Highly acclaimed musicians Beyoncé and Jay-Z have recently filed trademark applications in the names of their newborn twins, Rumi and Sir Carter. Both applications were filed on June 26, 2017, around the same time as when the entire family returned home from the hospital. As we reported after the birth of their first child, they took the same precautions for the name of their eldest daughter, Blue Ivy. This month we discuss the importance of registering one’s intellectual property interest in a name by filing for trademark registration. The following is some important information business owners should know about trademark law.

Trademarks let consumers know where the goods and services they are purchasing originate. They also prevent third parties from free-riding off of the goodwill another company has generated by copying their name. In other words, trademarks help the consumer identify or recognize your company. Trademark registration can be used to protect not just your name, but your logos, emblems, colors, and characters.

When filing a trademark application you must identify what your specific mark is and what specific goods or services you provide under that mark. The scope of protection will be limited accordingly. For instance, a company who registers the name of GREEN MUSHROOM to use with the jewelry they sell would not be able to prevent another party from using the name GREEN MUSHROOM Pizza Parlor for their restaurant because they are in a completely different category and therefore not likely to cause consumers to be confused about the source of the goods they are purchasing
There are numerous benefits to trademark registration. Some of the benefits of registering your trademarks include nationwide as opposed to regional protection of your mark, proof that the mark is yours via a Registration Certificate from the United States Patent and Trademark Office (USPTO), in a situation where the owner wants to license the mark (such as with a franchise) registration can provide others with proof that you are the owner of the mark.

Business owners should begin by conducting a clearance search before they invest too much into a mark. This can help make sure they don’t receive cease and desist letters from other parties who already registered that mark. Once you receive the search results, you can file an intent-t0-use trademark application even before you begin using the mark in commerce. The trademark registration process can take a while (often over 6 months), so it is best to start early.

Because of the intricacies and nuances inherent to trademark law, it is generally advisable to use a lawyer to register your trademark. A lawyer can research in depth and advise you on how to avoid potential pitfalls that can lead to costly lawsuits. Choosing the right lawyer can be crucial. For more information on selecting the right counsel see our blog article entitled HOW DO YOU CHOOSE THE RIGHT ATTORNEY FOR YOU? By using the following link: http://www.omnilegalgroup.com/blog/choosetherightattorney/.

Learning more about how trademarks can add value to your company and protect your company’s goodwill in the long run. Familiarizing yourself with some of this crucial information will help mitigate the risk that someone else will use your hard-earned trademarks and mislead your customers.

Trademarks For Your Business

By |July 6th, 2017|Trademarks|0 Comments

DID YOU KNOW?

During the 16th century a Dutch shipmaker used heat to concentrate wine to make it easier to transport, his idea was to reconstitute it with water when he arrived at his destination. What he ultimately discovered, was that the heated wine tasted very good. The concentrated wine was called burnt wine or brandewijn in Dutch. Today, Brandy is enjoyed around the world.

By |May 11th, 2017|Trademarks|0 Comments

Trademarks: USC v. USC… USC wins

Trademarks
By refusing to hear the University of South Carolina’s appeal, the Supreme Court ended a 13-year-old dispute over interlocking letters “SC”. Prior to this appeal, the Federal Circuit held the University of Southern California and not South Carolina is the proprietor of intellectual property rights in the mark. Their ruling stands.

Trademark law protects identifiers of origin. Put more simply, the reason you know shoes bearing the “swoosh” emblem are Nikes and not something else is because of trademark law. Nike has registered the “swoosh” with the United States Patent and Trademark Office limiting other company’s ability to fool buyers by placing it on their products.

Consumer confusion is what Trademark Law was meant to defend against. This week, the U.S. Supreme Court refused to hear South Carolina’s appeal. The lower court concluded although diehard fans could tell the difference between the South Carolina “SC” and Southern California “SC,” casual fans could get confused. The fact that one school used block letters and the other curved was not enough to prevent this from happening.

For more questions on this or other Intellectual Property matters, please contact our office.

Trademark attorney Los Angeles

By |October 6th, 2010|Trademarks|0 Comments