As a trademark lawyer who has been both in-house and outside counsel, I have helped clients through hundreds of branding and rebranding projects. When I decided to mark the 10-year anniversary of my law firm with a rebrand, I applied the lessons learned from working with my clients, and also gained a unique appreciation of … Read more
When I hung out my shingle in 2014, I had one client, a box of business cards, and a lot of determination. I called my firm “Law Office of Stacy J. Grossman” and gave myself two years to build a practice. I knew that about 20% of small businesses fail within the first year, and … Read more
To obtain or renew a United States trademark registration, brand owners must file one or more specimens of use.[1]. A specimen is a document that shows the manner in which a trademark is seen by the public. A specimen can be a photograph of a label or hangtag, a screen capture from a website, a … Read more
Once in a while, terms that once functioned as trademarks are so widely used by the public that they lose their trademark status and become generic. At one time, aspirin, escalator, thermos, yoyo and laundromat were all federally registered trademarks. Their owners did not properly enforce these brands, and they became so common that they … Read more
Published by Law360 on January 6, 2023 A recent Rolling Stone article by David Browne called “The Future of Classic Rock Tours: One or Two Surviving Members… Or None?” described how heritage bands like The Allman Brothers Band and Lynyrd Skynyrd continue touring — and generating revenue — even when one or more original members … Read more
Clients often ask whether they should apply to register their trademarks outside of the United States. A trademark registration is a valuable asset. It gives its owner the exclusive right to use its mark in connection with the goods or services covered by the registration, and the right to stop third parties from using the … Read more
Trademark rights are national. If a mark is used and registered in the United States, its owner might not be able to stop third parties from using the same mark in connection with the same goods and services in other countries. For this reason, many brand owners are interested in protecting their trademarks outside of … Read more
As we ease out of summer, we thought we’d share a lighthearted story about how a song about Victoria’s Secret went viral on TikTok and made it to the Billboard 100. *** As Madonna aptly wrote (and sang), music makes the people come together. That happened this summer when an American singer named Jackie Miskanic … Read more
A few years ago, we wrote an article summarizing the timing and costs associated with the clearance and application to register a trademark in the United States. Fee increases and delays at the Trademark Office (caused in part by Covid and in part by a rise in the number of new trademark applications – largely … Read more
Every trademark application has to include one or more filing bases. A “filing basis” is the basis in the Trademark Act upon which an application is filed. Each filing basis has different requirements that must be satisfied before a trademark can proceed to registration. The five possible bases are: Use in Commerce (Trademark Act Section … Read more
