Jan 16 | 2019

Disclaimer Or No Disclaimer: That Is The Question

General Principles: When a trademark – in relation to the goods and services tendered in an application – comprises descriptive, generic or otherwise unregistrable matter, the United Patent and Trademark Office (“PTO”) is apt to request a disclaimer.  While typically…
Nov 27 | 2018

Dunner Law Trademarks 101: What is a Trademark?

Trademarks can be a variety of things, such as words, names, phrases, symbols or designs, and even sounds. Trademarks have a dual purpose, helping businesses distinguish their products in the market, and in turn, helping consumers identify the source and…
Sep 14 | 2018

Power-Up Your Mark: Depiction, Marking and Consistency

Given competing demands, consumers must immediately recognize and perceive a trademark. Selecting and clearing a trademark are crucial, but neither guarantees consumer recognition nor perception. Standards for depicting, marking and using a trademark are therefore important. The strength of a…
Feb 20 | 2018

Combatting Online Copyright Infringement

If you are an artist, musician or creator, protecting your work online can be a daunting and difficult task. There is only one of you, and the internet is vast. However, there are tools that you can use to help…
Jan 14 | 2018

The Impact of Brexit on European Union Trademarks

Following the UK’s June 2016 decision to leave the EU (Britain’s exit is known as “Brexit”), negotiations have been underway for the UK to ease its way out of the EU. While the UK’s announcement sparked agreements on financial and…
Mar 28 | 2017

The Rise of Copyright Trolls

Unlike the well-known patent trolls, “copyright trolls” have received comparatively less attention in Congress and in the media. A copyright troll is a business with the principal purpose of enforcing copyrights for which it has only a limited ownership interest.…
Jan 27 | 2017

USPTO to Increase Scrutiny of Trademark Registrations

The U.S. Patent and Trademark Office (“USPTO”) has adopted a rule change that will impact owners of federal trademark registrations. Effective February 17, 2017, the USPTO will begin randomly auditing Declarations of Continued Use that trademark owners must periodically file…