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7 Factors For Identifying Trademark Likelihood of Confusion

Companies trademark their goods and services for a simple reason: They want to make as much money as possible from the brands they have worked so hard to build.

Registering a brand name or symbol ensures no one else can profit from the labor of its creators, without risking litigation. Unfortunately, trademarking doesn't ensure another company or individual won't end up confusing customers—knowingly or unknowingly—by introducing a similar mark.

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7 Brand Protection Mistakes Companies Make All the Time

What is a brand?

The answer to the question depends upon whom you ask:

An advertising executive will tell you a brand is a story well told; it's your company mission, values and personality rolled into a recognizable consumer experience.

A trademarking professional is more likely to define brand as the actual trademark name or symbol representing your company, as well as the goods and services you sell.

The biggest mistake we see startups making?

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Fashion Brands - The Challenge of Big-Volume, High-Speed Trademark Name Searches

According to a 2011 study at the University of Florida, it is approximately 170,000 years since humans first started wearing clothes. The study of the lifecycle of clothing lice (ewwww!) doesn’t rule out that there may have been advances in clothing prior to this and certainly doesn’t comment on what that clothing might have consisted of. If ancient humans were anything like today’s population, you can be sure that there was a group of them always right on trend wearing this season’s loincloth.

Fast forward a bit and those loincloths have transformed into an industry that is globally worth $1.2 TRILLION and employs 4.2 MILLION people around the world. In the US alone, $250 BILLION is spent on fashion each year. This may be partially due to the ever changing trends in fashion and the need to ‘keep up’ with what everyone else is wearing. Nathalie Gaveau commented,

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How Trademark Data Can Provide Valuable Business Intelligence Insights

The world moves faster now than it ever has before and recent history is littered with examples of companies that have failed to keep pace.

Innovation, far from being just another buzzword, has become essential to survival in a consumer choice driven marketplace. A current day analysis of this 2012 list of companies that were struggling with disruptive change doesn't offer much long lived hope to those focusing on standing still. But how have some of them performed since?

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6 Questions To Ask Before Bringing Trademark Work In-House

The results of ALM Intelligence’s Corporate Counsel Insourcing and Outsourcing Survey were recently released in their report - “Build or Buy? The Evolution of Law Department Sourcing.” This report highlights a dramatic shift in insourcing for the majority of legal departments in companies of all sizes, reflecting the growing importance of in-house legal departments in the vital planning and execution of a company’s bigger goals.

SO WHAT DID THEY FIND?

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The 4 Telltale Characteristics of the Best Trademark Lawyers

When it comes to protecting your trademark, hiring the wrong lawyer can be disastrous for your business. Conversely, the right lawyer can set you apart from the competition by:

  • Helping you avoid costly mistakes in the selection and use of your mark.
  • Advising you on the risks associated with your mark and the best way to defend it.
  • Helping you search and register your mark with a higher application success rate.

The benefits of a great trademark lawyer should be enough reason to search for one, but how can you tell the exceptional from the average? In this article, we'll look at four characteristics the best trademark lawyers share.

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The In-House Counsel’s Guide to International Trademark Search

How was your last international trademark search experience?

Smooth?

Easy?

Affordable?

Normally, these are not adjectives in-house counsel would associate with an international search. And there are some reasons for this: An increasing number of potential threats due to economic globalization, costly legacy provider search packages, and the complexities around understanding international regulations - to name a few.

With that said, it doesn't have to be difficult. Like anything else, things get a whole lot easier when you have the right tools. Case in Point: Would you rather install a wall-to-wall shelving unit using a plain ole' screwdriver or a cordless, electric?

If installing shelving units was your livelihood, investing in the higher-end model would probably be a good decision. You would get more done in less time, thus making more money.

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Are You Making These 5 Costly International Trademark Search Mistakes?

$30,000—that's the typical cost of ONE global trademark search.

Want a legal analysis on top of that? Expect to pay an additional $10,000.

They say, "You get what you pay for." And, in many ways, that is true—outsource to a legacy provider and you can move forward with your trademark selection with a high-degree of confidence.

But that's only if your candidate is found to be low-risk. Unfortunately, there are NO REFUNDS for candidates that are deemed high-risk.

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5 Factors to Consider Before Buying a Trademark

So, you have your name.

Everyone is excited about it.

All you need to do now is register, right?

WRONG...

Before filing that application, we recommend taking a moment and reevaluating your name selection against some commonly overlooked criteria.

Unfortunately, jumping too quickly from trademark search to trademark application is common. After all, the typical U.S. timeline from filing to approval is 6 to 8 months. While we can all relate to wanting to get our ideas finalized, overlooking red flags may just cause more time delays in the long run.

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5 Tips For Getting the Best Global Trademark Search Results

The trademark search process can be broken down into two parts:

  1. Identifying exact and similar marks from both government databases and common law sources.
  2. Organizing those results into a report of overall risk assessment.

There are probably as many different ways to approach the above steps as there are brands in existence! We've consulted with numerous companies over the years—each with their own systems in place for getting it done.

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