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Typically, when discussing “generic” marks, we’re looking at one of two situations: either a business owner wants to protect a generic phrase, OR a trademark has become generic. Let’s look at both of those here. Generic Marks are not protectable by trademark law In order for a trademark to be valid and protectable, it must […]

What is a “Generic” trademark?

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Law

If you applied for a trademark as an “intent to use” mark with the USPTO, you may have received a “Notice of Allowance”– and that’s great news! But now, to actually complete the registration process, you must file what is known as a “Statement of Use.” What is a statement of use, and when must […]

What is a Trademark “Statement of Use”?

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Law

We know that a Federal Trademark Registration provides protection for your brand. But did you know there are additional steps that can strengthen that registration? One of those additional steps is filing for trademark incontestability. When your trademark is incontestable, you obtain even more advantages in the instance of a dispute. What is an incontestable […]

Should I File as an Incontestable Trademark?

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Historically, the expense of litigating a copyright dispute has been a major roadblock to creators enforcing their rights in copyrighted material. However, the launch of the new Copyright Claims Board (“CCB”), colloquially referred to as a “copyright small claims court,” aims to address that issue– and it just started taking cases as of June 17, […]

The New Copyright Claims Board is now open for submissions

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Considering a trademark?