USPTO Fee Increases and Surcharges, Effective January 18, 2025

Effective January 18, 2025, the United States Trademark Office will be increasing certain fees and imposing new surcharges, the goals of which are to “enhance the quality of incoming applications, encourage efficient application processing, ensure additional examination costs are paid by those submitting more time-consuming applications, and reduce pendency.”  The text of the Trademark Office’s … Read more

Combating Knockoffs: Understanding The differences Between Patent, Trade Dress, and Copyright Protection

Be Original Americas is a trade association committed to informing and educating manufacturers, artisans, design professionals, and consumers about the economic, ethical, and environmental value of authentic design.  I periodically write articles for BOA, on topics of interest to its members.  My most recent article addressed the differences between patents, trademarks, trade dress and copyright, … Read more

Happy TACO TUESDAY

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

Song Resurgences Show Value Of Musician IP Strategy

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

International Trademark Filings: National Applications vs. International Application Under the Madrid Protocol

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

Musical Smackdown of Victoria’s Secret Prompts Apology (by Victoria’s Secret)

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