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Trademark Fact or Fiction – August Edition

08 August, 2019

Most entrepreneurs know that trademarking is an important first step in starting a business – but how much do you really know about trademarks in particular? To help protect the brand you’ve worked hard to establish, it’s important to understand the ins and outs of trademarks and trademark protection.  Below, we’ve broken down some of the most common trademark misconceptions that every business owner should be aware of. Put your knowledge to the test!

The dangers of dirty trademark data

11 July, 2019

Searching registered trademarks to rule out conflicts is a critical step before registering your desired mark. But confidence in the results is only as good as the data. Errors introduced into U.S. Patent and Trademark Office data mean you could miss a problematically similar mark, or even have your application rejected as a result. About 7% of records contain errors! Trademark.com goes the extra mile to correct and enrich trademark filing data to increase accuracy of your search results. Check out these examples of the types of errors we regularly correct.

How long does it take to register a trademark with the USPTO?

04 July, 2019

While completing a trademark registration application is fairly quick, the process for registering a trademark is pretty long! Learn more about each step along the way.

Real-Life Copycat Lesson #10: Barcade or Arcade Bar?

02 July, 2019

The Des Moines bar, Up-Down, is a self-proclaimed “barcade” combining alcohol and arcade games. The “barcade” identifier, however, is causing them some trouble with the Brooklyn-based Barcade that owns locations in New York, New Jersey and Philadelphia. The Brooklyn Barcade also owns trademarks on the term “barcade,” covering bars, beer koozies, t-shirts and even Barcade software.

Creating your brand? Make sure it’s distinct!

27 June, 2019

It’s important to avoid customer confusion and conflict with other trademark owners, and the key to achieving this is finding a highly distinct name.  Distinct names are strong assets because they are not only easier to successfully register with the USPTO, but are also easier to protect in the marketplace, because there’s less of a chance that someone else will use a similar word. We can think of word trademarks on a scale, with generic marks at the low end and fanciful marks at the high end. Learn more below!

Real-Life Copycat Lesson #9: Coffee Brand Confusion

25 June, 2019

Can you tell the difference between Biggby and Bixby? Biggby Coffee, a Michigan-based brand, owns and operates 235 locations across 8 states, and has been using an orange and black color scheme and logo since 2008, the same year they received federal registration for the mark(s). In March, Biggby filed a trademark infringement lawsuit against a Texas-based coffee company of a similar name, Bixby.

Rules of thumb for evaluating similar marks

20 June, 2019

Whether you’re already a trademark owner or are hoping to secure one, chances are that at some point, you’ll be faced with the task of trying to determine whether another mark is too similar to yours.

Trademark Fact or Fiction – June Edition

13 June, 2019

Most entrepreneurs know that trademarking is an important first step in starting a business – but how much do you really know about trademarks in particular? To help protect the brand you’ve worked hard to establish, it’s important to understand the ins and outs of trademarks and trademark protection.  Below, we’ve broken down some of the most common trademark misconceptions that every business owner should be aware of. Put your knowledge to the test!

Real-Life Copycat Lesson #7: A “Lake Effect” trademark conflict

11 June, 2019

Upstate New Yorkers are more than familiar with the concept known as lake effect — as in lake effect snow. Now, lake effect is the subject of a trademark infringement case in Buffalo.

Trademarks by the numbers

06 June, 2019

Did you know that in 2017, there were 9.11 million trademark applications filed worldwide? Trademarks are valuable assets — learn more about how they’re growing.

Real-Life Copycat Lesson #6: Coffee-flavored Customer Confusion

06 June, 2019

The Absolut Company, a major liquor company out of Sweden and producer of Kahlua coffee liquors, have blocked a Hawaii company’s effort to trademark its Kaholo Kona Coffee.

Real-Life Copycat Lesson #5: East Coast craft breweries in trademark dispute

14 May, 2019

Since 2014, Vermont’s Goodwater Brewery has been selling beer under the Goodwater name. It’s brews can be found as far west as Colorado and as far south as Virginia. In November, 2017, Virginia-based Lickinghole Creek Craft Brewery (LCCB), which sells its beer internationally, opened a pub by the name Lickinghole Goodwater Brewpub. Understandably, the Vermont-based Goodwater felt like they had a problem after hearing of the Virginia-based establishment through a loyal customer who asked whether the two businesses were related.

Bottling your brand: Trademark insight for craft brewers

09 May, 2019

Did you know that in 2018 there were more than 169,000 beer-related trademarks filed worldwide? That’s a lot of potential for infringement in the already-competitive craft brewing marketplace, where captivating brands are as critical to success as the quality of the beer itself.  Whether intentional or accidental, copycat brands can cause consumer confusion, loss of revenue, and damage to a hard-earned reputation. To help craft brewers better understand the importance of securing and protecting brand rights, Trademark.com hosted an educational webinar in partnership with Craft Brewing Business.

Real-Life Copycat Lesson #4: Famous pizza trademark dispute

07 May, 2019

The famous Mystic Pizza of Connecticut takes issue with another pizza restaurant with a variant of their name in Pennsylvania.

Trademark Fact or Fiction – May Edition

02 May, 2019

Most entrepreneurs know that trademarking is an important first step in starting a business – but how much do you really know about trademarks in particular? To help protect the brand you’ve worked hard to establish, it’s important to understand the ins and outs of trademarks and trademark protection.  Below, we’ve broken down some of the most common trademark misconceptions that every business owner should be aware of. Put your knowledge to the test!

Real-Life Copycat Lesson #3: Milk Bar customer confusion

30 April, 2019

In 2008, renowned pastry chef Christina Tosi founded Milk Bar bakery and opened her first shop in New York City. The famous, celebrity-endorsed bakery now has 16 locations. In March 2019, a restaurant by the name of JoJo’s Milk Bar opened in River North, Chicago and is now facing a trademark infringement and unfair competition lawsuit brought by Tosi.

TM or R? Don’t get caught making this trademark symbol faux pas

25 April, 2019

Businesses often use the symbols ® and ™ alongside their brand to show that they’ve claimed their mark, but did you know that there’s a big difference between them? Using the wrong one can have some serious consequences. Read on and make sure you’re trademark symbol savy.

Real-Life Copycat Lesson #2: Trademark food fights on Florida Avenue

23 April, 2019

Florida Avenue Eats is a new restaurant on one of Tampa’s longest stretching business roads, which is also home to the long-established Florida Avenue Brewing Company about a mile and a half away.  The owner of Florida Avenue Brewing Co. is worried that customers will confuse the two establishments.

What makes a strong trademark?

18 April, 2019

The US Patent and Trademark Office (USPTO) notes that it is in your best interest to select a mark that is considered “strong” in a legal or trademark sense — in other words, a mark that will most easily allow you to prevent copycats.

Real-Life Copycat Lesson #1: Customer confusion among New York’s Public Theater and Public Hotel

16 April, 2019

New York City’s historic Public Theater fears customer confusion with the nearby and newly built PUBLIC hotel, whose offering goes beyond accommodation to include music and entertainment under the brand “PUBLIC ARTS”.