Common slogans can be powerful marketing tools, but that doesn’t mean the USPTO will treat them as trademarks. This article explains why phrases like “DANCE OR DIE” often trigger failure-to-function and ornamental refusals—especially for jewelry—and outlines practical strategies to build protectable branding without wasting time and filing fees.

The famous mark doctrine, deeply rooted in U.S. federal law, is an instrumental legal principle that offers elevated protection to trademarks that have attained an exceptional level of renown. These trademarks, often described as “super strong,” stand apart due to their broad recognition among the American consuming public. Their fame is not just a title—it’s a [...]

The “well-known marks doctrine” of the Paris Convention is a legal rule under which a trademark or service mark is protected within a nation if it is well known in that nation even though the trademark is not actually registered or used in that nation. The well-known marks doctrine is required to be available in all [...]

The United States Patent and Trademark Office (USPTO) employs an international classification system for trademarks that is similar to how department stores categorize merchandise into different departments. The classification system used by the USPTO serves to streamline the process of registering and protecting trademarks by grouping goods and services into 45 distinct classes. Classes 1-34 cover [...]

The United States Patent and Trademark Office (USPTO) adopts a classification system known as the International Classification of Goods and Services, often referred to as “Nice Classification,” established under the Nice Agreement. This globally-recognized system helps to categorize and standardize different kinds of goods and services into 45 distinct classes—Classes 1-34 for goods and Classes 35-45 [...]

The Trademark Modernization Act of 2020 (“The Act”), passed in December of that year, represents a significant milestone in the evolution of trademark law in the United States. This comprehensive legislation aims to address emerging challenges in the digital age while bolstering the protection of trademarks. The Act introduces important changes to the trademark registration process, [...]

The Agriculture Improvement Act of 2018 (also known as the 2018 Farm Bill) indeed removed “hemp” from the Controlled Substances Act’s (CSA) definition of marijuana, which made hemp and its derivatives federally legal as long as they contain no more than 0.3 percent delta-9 tetrahydrocannabinol (THC) on a dry-weight basis. However, there may be complications under [...]

The use of geographic terms or locations in trademarks is a frequent consideration among clients seeking to establish a unique and recognizable brand identity. The appeal of geographic designations often lies in their potential to create a strong association between a product or service and a particular area known for certain qualities, such as Napa for [...]

Incorporating the terms “America,” “American,” or “USA” into a trademark can be an effective strategy for various reasons. At the heart of this decision often lies the desire to associate the brand or product with the ideals, values, and sentiments commonly linked with America. This includes connotations of quality, innovation, freedom, opportunity, and more. Firstly, these [...]

A determination of trademark priority is often how the United States Patent & Trademark Office (USPTO), courts and businesses settle rights over trademark disputes. Trademark priority refers to the principle that trademark rights typically belong to the first person or entity to use the mark in commerce. The entity or person who first sells goods or [...]