By Nicholas Wells The cost to register a federal trademark in the United States normally … Read More
Chinese Trademark Protection: More Important than Ever
New lower trademark fees in China mean you need to protect your trademark, or someone else will Protection of intellectual property in China is problematic. Trademark and domain name squatters may grab your brand. Online copyright infringement is rampant. Enforcement is challenging. But the truth is that the Chinese market is too important to ignore. […]
Canadian Trademarks to Include Classifications
I’ve written before about the massive changes coming to the Canadian trade-mark system. These changes include the use of the Nice classification system (which virtually all other countries use); joining the Madrid Protocol to facilitate registration of trade-marks from owners outside of Canada; and changing the requirements that a declaration of use be filed in […]
Canadian Trademark Laws Undergoing Massive Changes
Canada is in the midst of a massive update to its trademark laws. Here are three key changes: Canada is starting to use the Nice Classification system for goods and services. Currently, a Canadian trademark application lists all wares (goods) and services in a single, sometimes lengthy listing. Soon these will be divided into “classes”, as happens […]
Oops. India trashes 166,000 trademark applications
Earlier this month, the Indian Trademark Office abandoned (marked as “dead”) 166,771 pending trademark applications. More recently, they have issued notices that allow applicants to have their trademark applications reinstated if they act quickly. But the whole thing has raised a lot of concerns. And eyebrows. Under Indian law, the Indian Trademark Office will issue […]
TriVita Loses on NOPALEA Trademark
My colleague, patent attorney Ken Horton, has written a guest post and offered to share it on my blog. Ken writes: The Court of Appeals for the Federal Circuit (CAFC) recently issued a trademark ruling relevant to many Utah companies that sell nutritional supplements. In re TriVita, Inc., 2014-1383 (Fed. Cir. 2015). In this decision, the […]
Weird and Unexpected Trademarks
In the weird and wonderful world of trademarks, lawyers are used too receiving odd requests for trademarks applications and advice. But occasionally the more experienced law firms—places like Kirton McConkie in Salt Lake City and Baron Warren Redfern in London, both of which deal with trademark prosecution and trademark infringements—receive requests to assist with truly […]
Replacing ICANN: A Radical Proposal
It’s finally happening. The generic top level domains (gTLDs) are here. You can reserve your domain name under .company, or .shopping, or .london, or .food, or .university, or dozens of others, each managed by a private entity that has jumped through the necessary hoops and paid the ($100K+) fees. If you’ve been following this saga […]
Are You Following “Best Practices” in Intellectual Property Translations?
This is a guest post by Lyle Ball, COO of leading translation firm MultiLing. Filing patents can be costly, especially when filing domestically and internationally in numerous countries. In fact, translation costs can eat up a significant portion of a client’s IP budget, with some of the largest patent filers in the world budgeting upwards of […]
Kane on Trademarks–Book Review
UPDATE: PLI has provided a 20% discount for Kane on Trademark Law for readers of my blog. Just use this link: www.pli.edu/WellsTrademark I work in several areas of law—copyright, social media, technology agreements, advertising and promotions—but at the moment, I spend the largest part of my day working on trademark matters. If you’re familiar with […]
Michael Jordan Doesn’t Need Your Help, Thanks
If you use the name of a famous person in your advertisement, do you need that person’s permission? What if it’s a news story instead of an advertisement? What if it’s a “congratulatory” message that seems to fall between these two? The U.S. Court of Appeals for the Seventh Circuit has just issued a ruling […]
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