Quick Trademark Tip: Basic Searches for a Trademark on TESS

From time to time, potential clients call me with the idea of registering a trademark, and I ask them if they have first looked on TESS (the Trademark Electronic Search System). Some have never even heard of TESS. This post is a brief introduction. [Note: This post was written while I was a practicing attorney running a solo […]

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Five Scary Legal Blowups You Can Avoid in Your Business

It’s Halloween. Kids get scared by monsters and spooky Jack O’Lanterns. Adults may relive pent-up fears from the rest of the year or (hopefully) get a playful reprieve. Here are five scary legal blowups you can avoid in your business by careful, timely planning. Start tomorrow, after resting up from the Tricks and Treats. [Note: […]

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What is the Supplemental Register for U.S. Federal Trademark and Service Mark Registration?

The Federal Trademark Register of the U.S. Patent and Trademark Office (USPTO) has two sections: the Principal Register and the Supplemental Register. The vast majority of the time, a trademark applicant applies for registration the Principal Register. The Supplemental Register is reserved for marks that are currently “nondistinctive” in the eyes of the USPTO (or […]

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Aren’t Band-Aid [Brand Adhesive Bandages] Great? (My First Cut at Trademark Law)

I got a cut on my ring finger the other day, trying to lift a heavy box of duraflame® logs into a cart at Fairway. (For the avoidance of doubt and preservation of amusement, that’s Fairway Like No Other Market (a.k.a. Fairway Como Ningún Otro Mercado), not the unrelated Fairway, maker of nonmetal gates, fences, […]

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