Sometimes big companies register trademarks that they do not use or intend to use. The logic is that by doing that, they can enhance the protection their brand has. Is it allowed? What are the risks? Can it be done? What are defensive registrations? Defensive...
It is generally not possible to get exclusive rights to a descriptive name. If the trademark is descriptive, it is not distinctive and cannot be registered (unless it has acquired distinctiveness through use). What are descriptive names? Descriptive names are names...
Trademark registration is an investment. By registering your trademark you create legal rights that would not otherwise exist. Although trademarks are about excluding others from using a similar trademark, they also make sure that after your trademark is registered,...
The conventional wisdom holds that differentiation is an essential part of marketing and product creation strategy. Differentiate or die. Being different means essentially that your brand is perceived to be meaningfully different from its competitors and is bought...
Here's how it all ties together. Click here for full size pdf
Can you trademark a QR code? Are QR codes like other figurative elements that can be protected with trademark registration? It is possible to trademark many different types of figurative elements. They can be relatively simple, or very complex. Below are some examples...
The end of the year is getting closer. This is a good time to review your trademark portfolio to make sure you’re in good IP health when the new year starts. Your product and service names Have you registered your commercial names? Have you released new products or...
Trademarks and copyrights are different types of intellectual property, though they are often used to complement each other. A while ago, I wrote about the problems Ferrari faced with protecting its iconic Ferrari 250 GTO. Another curious case dealing with the overlap...
Messi turns EU's top judges into giggling fanboys Lionel Messi has just won an important case in the Court of Justice of the European Union. By accepting Messi’s appeal, the judges ignored well established legal principles, rolled out a red carpet and confirmed that...