MulhollandLaw

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Trademark Scams 2020!

Beat the clock on Brexit! File EU applications NOW to include the UK.

TIME IS RUNNING OUT TO INCLUDE THE UK IN EU TRADEMARKS!

BUILD A GREAT ONLINE BRAND

Big changes in the trademark world!

if you are an internet service provider you need to read this!

Disparaging Trademarks Are Free Speech

Have you checked this out?

Can I use an abandoned trademark?

Trademark Audits Coming Soon! Are you ready?

ASK A TRADEMARK ATTORNEY QUESTION: I just thought up a GREAT name for my new company. I checked it in the State where I want to register, and the name is clear. I’m so excited! It took forever to come up with this name! Do I really have to worry about trademarks now? Money is so tight!... ANSWER: First of all, congratulations! Coming up with the perfect name is the most important step to attracting customers. Let’s say you want to register SUZIE’S CUPCAKES LLC in the State of Delaware, and you’ve got your cupcake pans greased, and are ready to start baking and shipping. And you’ve registered suziescupcakes.com as your domain. Sounds yummy! But, not so fast. SUSIECAKES is a Federal trademark and even though it uses a different spelling of Suzie and the word cakes not cupcakes, the owner of that trademark might well threaten you with a trademark infringement lawsuit. Why? Because SUZIE'S CUPCAKES could be considered "confusingly similar" to SUSIECAKES, and the SUSIECAKES registered trademark is enforceable in all 50 States. While you may not be ready to file for a Federal trademark just yet, you should consider having a experienced trademark attorney conduct a search and give you a legal opinion on the use of your business name. It could be the best investment you’ll ever make for your new business. Disclaimer: The foregoing fact situation has been created by way of example only and is not intended, nor should be construed as, legal advice. Sylvia Mulholland is an attorney licensed to practice law in the US and Canada, and specializes in trademark search, registration and enforcement, worldwide.

REDSKINS GET A TIME OUT AT THE FEDERAL APPEALS COURT A federal appeals court has postponed hearing arguments in the Washington Redskins trademark dispute. Both the team and the federal government agreed the case should be put on hold until the U.S. Supreme Court decides another trademark case that raises the same basic issues. The team is challenging a decision by the U.S. Patent and Trademark Office to cancel the trademark for the name "Redskins" on the grounds that it is o...ffensive. While that case was pending, the U.S. Supreme Court agreed to hear a dispute involving Asian American musicians from Portland, who were refused trademark registratio for their band's name, The Slants (see my earlier post on this). The federal government said no, citing the federal law that bars granting trademarks for names considered offensive, which is the same law at issue in the Redskins case. A lower court found that provision to be unconstitutional, as a restraint on free speach, so the feds are now appealing. A decision is expected by late June.

Mulholland Law Newsletter is here!

One of only eight cases the Supreme Court has chosen to review, from the petitions that piled up over the summer. Is THE SLANTS a "disparaging" trademark for an ethnically Asian rock band?

A victory for free speech!

Confused about copyright, patents and trademarks? And what the heck is the difference? The US Patent and Trademark Office has a number of informative videos where they try their best to make the subject entertaining. My specific area is trademarks: the name or logo you choose to identify YOUR unique business and/or products to the public. http://www.uspto.gov///basic-facts-about-trademarks-videos