A widespread myth or misconception in the realm of trademark law is the belief that registering a business name with a state agency automatically provides trademark protection. This misunderstanding likely arises from a lack of knowledge about the distinctions between business name registration and trademark registration, as well as the different purposes these registrations serve. In […]

A common myth or misconception about federal trademark registration is the belief that once a trademark is registered with the United States Patent and Trademark Office (USPTO), it will cover all goods and services across all trademark classifications. This misconception may stem from a lack of understanding about how the trademark registration system works and the […]

A prevalent myth or misconception surrounding trademarks is the belief that a federal trademark registration issued by the United States Patent and Trademark Office (USPTO) is mandatory to protect a trademark. This misunderstanding may arise from a lack of knowledge about the United States’ dual trademark system, which recognizes both federal registration and common law rights. […]

A USPTO-issued federal trademark registration only provides protection within the United States. To protect your trademark in other countries, you need to register the trademark in each jurisdiction where you want protection. One common myth or misconception regarding federal trademark registration is that once a trademark is registered with the United States Patent and Trademark Office […]

Trademark infringement on Amazon occurs when a third-party seller uses a trademark that is identical or confusingly similar to a registered trademark belonging to another party. Some examples of trademark infringement on Amazon include: These are just a few examples of trademark infringement on Amazon. It’s important for brand owners to regularly monitor Amazon’s platform and […]

Brand Gating refers to a process used by Amazon to control and limit the number of third-party sellers that are allowed to sell a particular brand’s products. This is done to ensure the authenticity of the products being sold, and to protect the brand’s reputation and intellectual property, including a brand’s registered trademarks. Under the Amazon […]

The Trademark Trial and Appeal Board (TTAB) is a specialized administrative body within the United States Patent and Trademark Office (USPTO) that handles disputes related to trademarks. An ex parte appeal with the Trademark Trial and Appeal Board (TTAB) is a type of legal proceeding before the TTAB in which only one party is heard. It […]

The penalties for trademark infringement can vary depending on the specific circumstances of the case and the laws of the jurisdiction in which the case is being heard. Let’s first start with understanding what trademark infringement is: The Lanham Act defines trademark infringement as the unauthorized use of a trademark that is likely to cause confusion […]

The defenses to trademark infringement are arguments that can be raised by the alleged infringer to defend against a claim of trademark infringement. Some of the common defenses to trademark infringement are: These are just a few of the defenses to trademark infringement that may be raised in a case. The specific defenses available will depend […]

Trademark infringement is a violation of the exclusive right granted to a trademark owner to use their trademark in commerce. To establish trademark infringement, the following elements must be shown: (1) that the plaintiff owns a valid trademark; (2) that the defendant is using a trademark that is identical or substantially similar to the plaintiff’s trademark; […]