The majority of this information can be viewed here and here. In the trademark world lots of symbols are associated with a lot of different meanings. For example, the TM symbol (TM), the copyright symbol (©), the service mark symbol (SM)and the R symbol (®). What do these marks mean and are you using them…
*The information for this blog can be found at: https://www.uspto.gov/learning-and-resources/uspto-videos/trademarks/tm-newsflash-15-assignments-and-ownership-changes What happens when the ownership of your trademark changes? This is a common occurrence caused by a business changing its name, selling your business, or assigning your trademark rights to another individual and/or company. Three common types of ownership changes are (1) change in name,…
*Information for this blog post is provided by Lehrman Beverage Law. If you have tried to register a trademark you may have come across words like ‘generic,’ ‘descriptive,’ ‘arbitrary,’ or ‘fanciful’ just to name a few. Someone (maybe a lawyer?) might have told you to trademark a fanciful name and not a generic name. What…
Trade Secrets The information for this blog post can be viewed here. This information pertains to North Carolina. Don’t disclose or reveal information that you want secret. Include trade secrets in non-disclosure agreements. Trade secrets are usually related to technology, such as formulas, methods, processes, or businesses with merger discussions. Trade secrets have commercial value…
*The information for this blog can be found here. If your mark includes a name, portrait, or signature that is of a living individual and you want to register the mark at the USPTO, you must provide the USPTO certain information regarding that individual. The USPTO requires: A statement that the name, portrait, or…
USPTO Trademark Registration The difference between a standard trademark application versus an Intent to Use application. We always get a lot of questions regarding trademarks, about the registration process, and the different types of trademark applications. Watch the video to learn more about the USPTO and how to register trademarks. Contact…
There are a couple of issues with trademarking “Sunshine State Brewing Company.” (1) You cannot register a geographic location on the federal registry (USPTO). (2) You cannot register a generic word or phrase. Let’s delve into the reasoning. For “Sunshine State Brewing Company” you cannot own the words “brewing company” because they’re generic. The word…
Label requirements can be tricky-different rules apply to different states. Domestic beverages and imported beverages have different guidelines. The purpose of this blog is to clear up some of the confusion surrounding beer labels. For all intent and purposes I will focus on North Carolina rules since that is what I am most familiar with.…
Part I: Trademark Incontestability After federally registering your trademark you might think that you’re done dealing with the United States Patent and Trademark Office (USPTO), but, unfortunately, think again. You still have one more deadline to abide by if you want to permanently strengthen your registered rights. As the proud owner of a federally trademarked…
This is the obligatory trademark blog post. I say that because it seems to be one of the most common and most commented on topics in craft beer (at least in legal circles) other than the effect of the Gov Shutdown on the TTB. In fact, the cover story in Sept/Oct 2013 issue of…
Okey dokey… here’s my wrap up of what’s happening and “things you should know” from this past week in Small Business and the Craft Beer Business: Small Business Love this: “(Q) How many lawyer jokes are there? (A) Three – the rest are true stories.” I’ve been following Nina Kaufman the last couple of weeks…
I thought I’d try something new on the blog this week… I’ve been posting some interesting articles that I’ve found on other blogs, websites, etc. that I think are particularly relevant to small businesses (especially breweries, which are near and dear to my heart). So, today, I thought I’d recap the “best of” for this…