Deseret News and Salt Lake Tribune: Trademark Lawyers Launch New Online Service

trademark lawyersThe Deseret News and the Salt Lake Tribune recently ran articles in their online business sections about Trademark Access’s online trademark registration services. The articles may be viewed by clicking here and here respectively.

As stated by the Deseret News article, Perry Clegg, the founder of Trademark Access, was recently elected to be the secretary of the Intellectual Property Section of the Utah State Bar and has been named among the top intellectual property attorneys in Utah as determined by a survey of legal peers conducted by Utah Business Magazine.

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The US Trademark Standard: What Constitutes a Likelihood of Confusion?

us trademarkIf you are a baseball fan, you are probably familiar with the Gold Glove award that is given annually to one player at each position for outstanding field play.  But did you know that the Gold Glove is not actually given out by Major League Baseball, but is awarded by the baseball glove manufacturer Rawlings?  In fact, Rawlings is the registered owner of US Trademark Registration No. 1,945,584 which covers the phrase “Rawlings Gold Glove Award.

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Requirements to Maintain US Federal Trademark Registration

us trademark registrationIf you are successfully able to register your United States federal trademark, you have navigated the trickiest part of the trademark process.  However, you are not completely out of the woods.  Simply because you register a trademark does not mean that it will remain valid and enforceable forever.  For your trademark registration to remain valid or active, you must show the United States Trademark office that you have continued to use the mark in commerce after registration.

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The ® Trademark Registration Symbol and the ™ Trademark Symbol: What’s the difference?

trademark registrationYou are probably familiar with two small symbols commonly displayed after the use of a U.S. trademark, the ® and the ™ symbols. But you may wonder what the difference between them is. These two symbols indicate that the owner of a mark is asserting trademark rights in connection with the mark. These “trademark” symbols are intended as notice or a warning to third parties regarding the type of rights that accompany a mark.

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“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 (http://www.cnbc.com/id/47951613) 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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Selecting Trademark Legal Advice, Successful Business Owners Choose Predictability

trademark legal adviceBusiness owners are usually big picture and entrepreneurial persons. Successful business owners typically have a thousand and one things they are working on at the same time.  However, they are not successful because they over-schedule themselves. To be successful they cannot afford to know every detail and certainly cannot afford to acquire every skill needed to run a business. That is why they hire trusted professionals, such as accountants, lawyers, and IT professionals.

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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 www.linsanity.com. 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 http://en.wikipedia.org/wiki/Jeremy_Lin).

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