Author: Perry Clegg

“Brow” Beaten to the Punch: Likely Number One NBA Pick Files Trademark Registration Application for Unibrow

trademark registrationIf you were hoping to cash in on your not-popular-until-recently unibrow, you will no longer be able to do it by using the phrases “Fear the Brow” or “Raise the Brow”. Unless of course, you license them from Anthony Davis, the projected number one pick in the upcoming NBA draft. In an astute business move, Davis hired a trademark attorney and filed trademark registration applications for the aforementioned phrases in anticipation that his attached brows will become all the rage when he hits the NBA. CNBC had a pretty interesting read ( about the rise of unibrow-mania while Davis was playing college ball at Kentucky and opportunistic vendors trying to make a quick buck off his unique look. According to the CNBC article:

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Boise State’s Trademark Registration for Blue Stadium Field: Trade Dress and Other Forms of Trademark Protection

The Blue Turf Boise State recently licensed its blue field design to Hosei University near Tokyo, Japan.  See article here.  It turns out that Boise State possesses a trademark registration (U.S. Trademark re. No. 3,707,623) – which protects the color blue used on artificial turf in a stadium.  Boise State’s blue stadium field trademark and licensing deal is a good example of the value of some of the more atypical forms of trademark protection and the need to think outside the box when thinking about trademark registrations.

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Choosing Your Trademark Application: Word vs. Design Trademark Registration

trademark applicationYour business plan is set.  You’ve thought long and hard about what your business name should be.  Now you’re ready to trademark your business name.  You begin your trademark application and lo and behold there are two options for filing your trademark – standard character mark and stylized/design mark.  So which should you choose?  If you aren’t concerned about protecting any distinct look or style for your business name, then you might consider going with the former.  If you have a logo or a stylized font or script that you want to use together with your name, then you might consider the latter option.  Of course, there is more to the decision than merely deciding if you only need to protect a word or slogan or if you also need to protect design aspects of your trademark; so you should seek the advice of a seasoned trademark lawyer.

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Filing for a Trademark Registration Before Using the Mark: Section 1(b) Filings

trademark registrationClients often ask if they can file for a trademark registration before they actually use their mark in commerce.  The question usually comes up when they realize the way they have been using their mark may not technically constitute trademark usage. The short answer to this question is yes.  Under the U.S. Trademark Act, Section 1(b) (i.e., 15 U.S.C. 1051(b)), it is permissible to file a trademark registration application before actually using a mark.

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Understanding Linsanity: Trademarking a Name of Someone Famous

The recent phenomenon of Linsanity has put a spotlight on the issue of whether or not you can trademark a person’s name. If you do not know what we mean by Linsanity, just check out Jeremy Lin is the latest NBA phenomenon with an amazing underdog story who, in February 2012, led an unexpected winning streak by the New York Knicks while being promoted to the starting lineup. His sudden rise has generated a global following known as Linsanity. (See

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Protecting Trade Names As Trademarks

Trade names and trademarks are commonly confused by small businesses and young entrepreneurs. The confusion usually occurs because many businesses use the name of the company, at least in part, as a trademark. Reserving a company name or registering a business entity with the Secretary of State or Division of Corporations does not provide trademark rights in the registered company name. Registering a business with the Secretary of State does not provide you with a trademark registration. Assuming trademark protection from registering a business name with the state can be a costly mistake. To avoid this mistake, it is helpful to understand the difference between trademarks and trade names.

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Register a Trademark in 4 Simple Steps!

This article explains how you can register your trademark in four simple steps. You may first wonder: Why should I even register a trademark? The answer is simple. A valid trademark registration significantly improves your ability to protect and enforce your brand and can be critical to protecting the goodwill of your company.  Valid U.S. trademark registrations provide additional legal rights that strengthen your trademark.

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Trademark Access

Welcome to Trademark Access.  You may be wondering:  What  sets us apart from other trademark registration services?  There are at least three reasons you will want your trademark work done by the attorneys at Trademark Access.

First, we provide you the assurance that your trademark application will be prepared and filed by an experienced trademark attorney.   Unlike many of the self-help services now available on the internet, with Trademark Access you will receive personal consultation from one of our Trusted Trademark Attorneys.

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