Category Archives: Intellectual Property Laws

Trademark Counterfeits Trademark Law Intellectual Property What if someone counterfeits my trademark? If someone counterfeits marks, that is knowingly using an identical mark, there may be: (a) criminal penalties, (b) seizure of the goods, (3) pre-judgment interest, (4) treble damages. … Continue reading →

Trademark Damages Calculated Trademark Law Intellectual Property How are damages calculated? If your trademark has been infringed, you may sue to recover: (1) Actual damages, including lost profits, and injury to reputation. (While the Court has the discretion to double … Continue reading →

Trademark Imitation Trademark Law Intellectual Property If I can’t copy the name, might I imitate the ‘look and feel’? The trademark laws may protect distinctive elements of design, decorative or non-functional aspects of a business under the concept of “trade … Continue reading →

Foreign Trademark Applications Trademark Law Intellectual Property What about foreign applications? If you expect your product to have international legs, you need to discuss this with a trademark attorney immediately, ideally BEFORE your suppliers and sales force and agencies know … Continue reading →

Lon Term Saving Trademark Law Intellectual Property How do you save money and avoid problems long term? By not being penny wise and pound foolish. Trademark law is clearly an area where it pays to spend the money and do … Continue reading →

Trademark Search Trademark Law Intellectual Property Do you really have to search? Yes. Increasingly the case law is indicating that failure to “adequately search” will leave the “innocent” infringer liable to pay over profits and perhaps even pay punitive damages … Continue reading →

Search Trademark Trademark Law Intellectual Property How to search a trademark? You can try to search for a trademark on your own to see if any obvious problem pops up as a first step, but if you expect your business … Continue reading →

Register Canceled Trademark Trademark Law Intellectual Property Can you register a trademark that shows up in the USPTO database as “cancelled”? Yes. Read more to view related video clips.

Government Trademark Filing Trademark Law Intellectual Property What does the government charge for trademark registration filings? Effective as of February 1, 2007, the filing fees are as follows: (1) Application for Trademark (Servicemark) Registration, per class: $325. (2) Extension for … Continue reading →

Us Trademark Registration Trademark Law Intellectual Property What is the procedure for registration in the U.S.? Application for trademark registration occurs before an administrative tribunal. The Trademark Office examines your application and permits it to go forward or denies it. … Continue reading →