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Tag: Lanham Act

Trademark Registration as Defensive Asset

April 10, 2018 Griffin Klema One comment
Registered Trademark Pie Shield

Can you use a trademark as a defensive shield to protect yourself and your business, besides using it to enforce your brand? Most people think of a trademark as a weapon to prevent a competitor from stealing their customers, ripping off their brand, and taking marketshare. True, that’s the primary

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Trademark Duration, Renewal, and Section 8 Affidavit

December 13, 2017 Griffin Klema One comment
Trademark clock

How long does a trademark last? What do you need to do to keep your trademark? Here is some insight into the life of a trademark, how long it lasts, and renewal process and deadlines. So you have a trademark, are using the “circle-R” to show it off, and now

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Trademark Genericide

October 5, 2017 Griffin Klema One comment

What happens when a brand becomes so well known that people start referring to all products according to the brand name? For example, what is the first term that comes to mind when you think of a box full of facial tissue? Kleenex perhaps? (Technically, this brand remains alive, though

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Can you register a trademark that is abandoned?

September 9, 2017 Griffin Klema 2 comments

You came up with your brand and identity for a business or product. You searched online to see if anyone else had the same great idea. You found a trademark, but it’s abandoned or cancelled. What does that mean for your idea? Are you free to register the trademark for

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Hate Speech and Porn Trademarks?

July 20, 2017 Griffin Klema 2 comments
Trademark hate speech

Updated: December 15, 2017, to reflect the decision of In re Brunetti, 877 F.3d 1330 (Fed. Cir. 2017). Updated: June 24, 2019, to reflect the decision of the U.S. Supreme Court in Iancu v. Brunetti, __ U.S. __ (2019). Supreme Court invalidated “disparagement” section of trademark statute based on free

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