You have chosen a name, designed a logo, secured a domain name, and maybe started building your website. Everything is finally coming together. But before you invest more time and money into your brand, you might want to conduct a trademark search. Unfortunately, skipping this step can lead to legal problems, forced rebranding, and frustration…
A trademark application rejection can feel like a major setback, especially if you have already started building your brand around that name or logo. So, what happens if your trademark application is rejected? This is not the end of the line. Refusals from the U.S. Patent and Trademark Office (USPTO) are common. Many times, they…
Registering a trademark is a big moment. Whether that is your company name, a logo you worked on for months, or a tagline that captures your brand’s personality, that registration certificate feels like a major win. But once the celebration settles, those practical questions can follow, like how long does a trademark last, and how…
You’ve worked hard to build your brand with the name, the logo, and the reputation behind it. One day, you may find another business using something similar. That can be frustrating. And it leaves you wondering: Can I sue for trademark infringement if my mark isn’t registered? Yes, you may have some protections under the…
You have the perfect tagline that sums up your business, along with a sleek logo that finally looks exactly how your brand feels. These elements are all part of your brand identity. Like a good business owner, you want to protect them. But you may ask yourself, “Can I trademark a slogan or logo?” Trademarking…
Whether you’ve received a legal notice or discovered someone may be infringing your intellectual property, you might be wondering what kind of dispute you’re facing. Trademark, patent, and copyright disputes are handled differently in intellectual property law, and you need to know the difference. Knowing those distinctions helps you respond appropriately, reduce your risk and…
building exterior trademark law
The Supreme Court wrapped up its triumvirate of intellectual property cases (copyright, patent, and trademark) for its current term when it overturned the Ninth Circuit Court of Appeals’ decision in Jack Daniel’s Properties, Inc. v. VIP Products, LLC, Case No. 22-148, Slip. Opinion (June 8, 2023). This case involved VIP Product’s marketing of dog toys appearing like…
The Illinois State Bar Association recently published Jonathan Phillips’ article concerning the new Fair Food and Retail Delivery Act. This Illinois law was passed to address third party apps (i.e. DoorDash, Uber Eats) putting, primarily, restaurants on their platforms without permission. How the Act might ultimately be used by merchants is up in the air….
Phillips & Bathke, P.C. has closed its law practice and is no longer serving clients. We are sincerely grateful for the clients, colleagues, and communities we have been privileged to serve.
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