Trademarks are common as companies make efforts to stand out in competitive industries. However, in this pursuit of differentiation, some businesses may take inspiration from a competitor’s creative assets. These actions risk infringing on the trademark of the business that registered the concept with the United States Patent and Trademark Office (USPTO). Trademark infringement cases can be complicated, which is why companies should work with an experienced Texas trademark lawyer from Ritter Spencer PLLC. Read below to learn some of the basics of trademark infringement and what legal options are available to businesses with a registered trademark.
Ritter Spencer attorney Chelsie Spencer is featured this morning on Fit Small Business. In the article, Top 28 Digital Branding Strategies, Mrs. Spencer advises content creators to ensure that the digital content they place online is legally protected.
Distinguishing your brand in the digital age can be a challenge, particularly due to the easy and instant access of information online and heightened market congestion. Digital theft of intellectual property is quite prevalent in the online age; however, content creators and brand owners can take steps to legally protect their works.
Recently, the United States Drug Enforcement Agency (DEA) issued an internal directive which will likely assist pending and future CBD trademark registrations with the United States Patent and Trademark Office. What is CBD you ask? CBD is an acronym for cannabidiol, a cannabis compound derived from the marijuana plant. Importantly, CBD is a non-psychoactive compound, meaning that it lacks THC (Tetrahydrocannabinol) – the cannabinoid compound associated with marijuana use. CBD has been added to a variety of goods, from oils, to vapor, to honey, to candies, and beyond.
When you file an application for federal trademark registration, the TEAS filing portal (Trademark Electronic Application System) will ask you to select a filing basis for your trademark application. There are two available bases for selection: 1(a) or 1(b). Both are derived from the Lanham Act, the statute governing trademarks. When you prepare to file your online trademark application, it can often be confusing as to which basis you should file with.
It’s time for Ritter Spencer’s first annual holiday trademark round up. During the holidays, you will see several commercials and other advertisement for holiday specific products. Many of the brands behind these advertisements protect their goods and services through federal trademark registration. Even the studios behind some of the famous and classic Christmas movies that you watch have trademarked the goods and services related to their movies and characters. By owning a trademark, trademark owners can exclude others from using a confusingly similar name that may lead to consumer confusion.
Trademarks can include any word, name, symbol, device, or any combination thereof used to identify and distinguish goods and services used in interstate commerce. Most people know that trademarks consisting of words and/or graphic designs can be registered with the United States Patent and Trademark Office. However, non-traditional trademarks, which may include color, sound, texture, smell, taste, texture, etc., are also eligible for trademark registration under the Lanham Act. Non-traditional trademarks also include trade dress, which we will discuss on the blog next week.