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What to Do If Your Trademark Application Is Opposed

What to Do If Your Trademark Application Is Opposed

When you submit a trademark application, you hope for a smooth journey toward registration. However, it’s possible that your application may be met with opposition. Knowing how to navigate these waters can make a significant difference in the outcome of your case. Here, we discuss the trademark opposition process and outline the three crucial steps […]

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The OMG Girlz Lawsuit A Case Study in Misappropriation, Trade Dress Infringement, and Unfair Competition

The OMG Girlz Lawsuit: A Case Study in Misappropriation, Trade Dress Infringement, and Unfair Competition

In a landmark case that has captured the attention of the entertainment and legal communities alike, the former teen-pop group OMG Girlz, along with Tameka “Tiny” Harris and rapper Clifford “T.I.” Harris, successfully sued MGA Entertainment Inc. for misappropriation of their names and likenesses, trade dress infringement, and unfair competition. This article highlights the complexities

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7 Common Trademark Registration Mistakes and How to Prevent Them

7 Common Trademark Registration Mistakes and How to Prevent Them

Trademark registration is a crucial step for business owners looking to protect their brand and ensure its longevity. However, the process can be filled with pitfalls that can delay or even derail your application.   One of the most common mistakes is not conducting a thorough trademark clearance search. This can lead to legal disputes,

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Exploring Funding Options for Small Business Owners

Exploring Funding Options for Small Business Owners

Starting and growing a small business can be an exciting journey, but one of the biggest challenges many entrepreneurs face is securing the necessary funding. Understanding the various funding options available can make a significant difference in the success of your business. This article will provide you with essential insights into the various funding options

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Failure to Function Trademark The Impact of Popular Phrases Featured Image

Failure to Function Trademark: The Impact of Popular Phrases

For many business owners, the concept of a “failure to function” trademark is crucial yet often misunderstood. This issue arises when a phrase becomes so popular that it loses its distinctiveness, making it ineligible for trademark protection. Let’s delve into why this happens, the legal basis, and what it means for businesses.  A trademark is

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How Music Can Legally Use Music

How Businesses Can Legally Use Music

In today’s bustling business world, music plays a crucial role in enhancing customer experience, setting the mood, and even driving sales. However, using music in a business setting comes with legal responsibilities. Here’s a comprehensive guide on how businesses can legally use music.  Understanding Copyright and Music Rights  Copyright is a form of protection given

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Understanding Incontestability Declarations for Federal Trademark Owners

Understanding Incontestability Declarations for Federal Trademark Owners

What is an Incontestability Declaration?  An incontestability declaration is a legal statement filed by a trademark owner under Section 15 of the Lanham Act (15 U.S.C. §1065). This declaration asserts that the trademark has been in continuous use in commerce for five consecutive years following its federal registration and that there are no pending legal

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Understanding Trademark Office Actions

Understanding Trademark Office Actions

Trademark office actions are official communications from the United States Patent and Trademark Office (USPTO) regarding the status of your trademark application. These actions can range from simple requests for additional information to more complex rejections of your application. Understanding how to respond to these actions is crucial for the success of your application. What

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Navigating the Minefield of USPTO Scams

Navigating the Minefield of USPTO Scams

THE RISE OF USPTO SCAMS  Business owners, creators, and inventors are increasingly facing a new threat: scams related to the United States Patent and Trademark Office (USPTO). These fraudulent schemes cleverly exploit publicly available information to deceive and manipulate individuals seeking to protect their intellectual property. This article sheds light on what these scams look

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