717-845-1524
Make A Payment
717-845-1524
Make A Payment

Trademarks – What’s in a Name?

Trademarks are one of the terms used in the intellectual property realm that often gets confused with patents and copyrights. To simplify things, a trademark helps a consumer identify a product or service. Logos, names and tag lines are typically trademarked items. Nike has the Swoosh, McDonalds and their Golden Arches and GE’s “We bring good things to life” are all great examples. So, what are some basic requirements for a trademark? Below is a list:

  • Identify who or what owns the trademark – individual, corporation, LLC, any other type of entity; 
  • What type of mark will be used? 
    • Standard Character Format – Registration of works, letters and/or numbers in any style or design
    • Special Character Format – Registration of words, letters numbers that have a design element incorporated with them (If you would like to learn about some famous logos and their story, check out this article)
    • Sound Mark – This is a sound that is associated with a particular business or entity (e.g. ESPN’s alert sound, Time Warner’s Looney Tunes Theme Song, MGM’s Lion Roar)
  • Create a drawing or specimen of the particular mark; 
  • What is the mark associated with (i.e, type of goods or services)?

Once you have the above listed items established, then determine how to protect your trademark. At the State level, you have the ability to file for trademark protection. There are also certain common law protections that are applicable for more local usage.  However, the main way to provide the broadest protection is to file on a Federal level with the US Patent and Trademark Office. You could also file for protection internationally depending on what foreign country you will be using the trademark in. Regardless, I would suggest you engage an experienced intellectual property attorney to help you navigate the process.

If you would like to see a comical example of trademark infringement, check out this clip from Coming to America.

Next week, we will review copyrights. 

Here are some other items of interest:

As always, please don’t hesitate to email myself (jsanders@mpl-law.com), Andy Miller (amiller@mpl-law.com), Christian Miller (cmiller@mpl-law.com), Erik Spurlin (espurlin@mpl-law.com), Brad Leber (bleber@mpl-law.com) or anyone in our office with questions or comments.  

Please see all of our prior updates at this link or if you would like to be added to our email list, please click here.  

Chipotle Trademark Dispute – When Does a Word or Symbol Become a Trademark?

Last week, Chipotle Mexican Grill sued Sweetgreen Inc. in California federal court claiming the competitor’s new “Chipotle Chicken Burrito Bowl” violates its trademark rights.  The issue was resolved quickly, probably due to evidence and the expected cost to defend.  However, this begs the question of when a word or symbol becomes a trademark.  As such, I thought it would be good to provide a quick overview of the key intellectual property terms (Trademark, Copyright and Patent).  In addition, over the next few weeks, I will be writing more in depth on each term individually.

  • Trademark – A trademark is any word, symbol, design, or phrase that denotes a specific product and differentiates it from similar products.  A company’s trademark can be legally registered or established by use.
  • Copyrights – A copyright protects an author’s original works such as writings, art, architecture, and music.  Examples can include TV shows, movies, online videos, sound recordings, musical compositions, lectures, articles, photos and books.
  • Patents – A patent is a property right granted by a government authority that provides the holder with exclusive rights to the invention for a certain period of time depending on the type.

If you believe your business needs protections as described above, I’d highly suggest you chat with an experienced intellectual property or business attorney.  If you don’t understand your rights as it relates to IP, it can be a very costly mistake.  Stay tuned for more on this topic in the coming weeks.

Happy Easter and belated Happy Passover!

Here are some other items of interest:

As always, please don’t hesitate to email myself (jsanders@mpl-law.com), Andy Miller (amiller@mpl-law.com), Christian Miller (cmiller@mpl-law.com), Erik Spurlin (espurlin@mpl-law.com), Brad Leber (bleber@mpl-law.com) or anyone in our office with questions or comments.  

Please see all of our prior updates at this link or if you would like to be added to our email list, please click here.  

What Are My Legal Options? I Want To Sue!

Maybe it’s me, but I have noticed an uptick in business client calls that end with “what are my legal options?” or “I want to sue!”  As I listen to their issues, more times than not the root cause is typically based on a communications breakdown.

Perhaps a supplier did not adequately explain all the terms and conditions of the product or service being provided.  Maybe your expectation of the level of service or quality was not adequately told to the person or company providing it.  How about when you don’t check in with a valued employee and they all of a sudden leave?  Do you want to enforce a non-compete if one is in place?

In each of these situations, communication is more times than not at the heart of the issue.  None of us is perfect in this area.  However, being clear and honest with your intentions will typically lessen the likelihood of a legal issue arising.  I can assure you that entering the legal arena, unless it’s a large, six figure+ type of payout, will hurt more than help your business.

Check out some interesting perspectives on this very topic:

Sometimes the easiest solution is the simplest one.

Here are some other items of interest:

As always, please don’t hesitate to email myself (jsanders@mpl-law.com), Andy Miller (amiller@mpl-law.com), Christian Miller (cmiller@mpl-law.com), Erik Spurlin (espurlin@mpl-law.com), Brad Leber (bleber@mpl-law.com) or anyone in our office with questions or comments.  

Please see all of our prior updates at this link or if you would like to be added to our email list, please click here.