Category Archives: Blog

  • Technology Startup Website Copyright Registration Strategies

    Website copyright registration for technology startups can take many forms according to the predominant copyrightable content. Owners of Technology startup websites, like websites of other companies, sometimes require legal protection including website copyright registration, patent filing and protection, and trademark protection among other types of intellectual property barrier strategies.  When any text, images, video, graphics, […]

  • Trademark Abandonment for Failure to Respond to Office Action

    Trademark Abandonment can attach to Applications in the United States Patent and Trademark Office (USPTO) who face Office Actions and miss the six (6) month deadline to file a formal response. Under the USPTO rules, if the USPTO does not receive a response within this period, the application is declared abandoned and a Notice of […]

  • Trademark Infringement Attorney Explains Likelihood of Confusion Factors

    Trademark infringement is one of the most serious allegations against a technology startup, entrepreneurs, or small business when choosing filing for registration of a new trademark, brand, or logo, with or without a trademark attorney. If a brand or trademark is deemed to potentially constitute trademark infringement because it is likely to cause confusion, the […]

  • E-Commerce Trademark Attorneys’ Role in Amazon Brand Verification Process

    Federal Trademark Registration in the United States Patent and Trademark Office (USPTO) provides many brand protection benefits to e-commerce startups and small businesses selling goods on Amazon.com, sometimes this protection requires the involvement of an E-Commerce trademark attorney or other intellectual law firm or lawyer. Under the new Amazon Brand Registry process E-Commerce Trademark Attorneys […]

  • United States Supreme Court_

    Trademark Office Actions For Scandalous Subject Matter Will Be Reevaluated Under Recent U.S. Supreme Court Case

    The United States Patent and Trademark Office (USPTO) has historically had discretionary authority to issue trademark office actions and refuse federal registration to trademarks that consist of “immoral, deceptive, or scandalous matter; or matter” under Section §2(a) of the Lanham Act (Section 1203.01 of the Trademark Manual of Examining Procedure). The rule against the registration […]

  • Confidentiality Agreement Tested As First Amendment Trumps President’s Prior Restraint Effort

    Adult film actress Stephanie Clifford, also known as Stormy Daniels, has been making headlines since she publicly disclosed her past “intimate relationship” with President Donald Trump despite being under an iron clad confidentiality agreement that is now being tested under contract theory and First Amendment law in a Los Angeles district court. Clifford is at […]

  • Is It Legal to Use The Trademark MARCH MADNESS® and FINAL FOUR® In Marketing?

    Entrepreneurs and technology startups may consider using the popular MARCH MADNESS ® Trademark or FINAL FOUR® Trademark in their marketing and promotion, particularly around the time of the NCAA Division I Men’s Basketball Tournament. The term MARCH MADNESS ® is a federally registered trademark on the United States Patent and Trademark Office (USPTO) under Registration […]

  • SOFTWARE PATENT STRATEGY FOR TECHNOLOGY STARTUPS

    In the course of startup development, as companies form their corporations or limited liability companies (LLCs), protect their trademark through federal registration(link), and start research and development (R&D) of their product, they begin to consider patent protection. Section 101 of title 35, United States Code, provides: “Whoever invents or discovers any new and useful process, […]

  • USPTO TRADEMARK APPLICATIONS EXPLAINED – PUBLICATION FOR OPPOSITION

    During the application process for federal trademark registration, applicants may face challenges or issues in the form of United States Patent and Trademark (USPTO) Office Actions that require resolution before federal trademark application may proceed through the registration process. Once these issues are successfully resolved, or if no issues were raised in the first place, […]

  • Trademark Registration Filing Costs for Technology Strartups

    Technology startups who wish to protect their brand name, slogan, or logo often include filing costs as among the primary considerations that drive their federal trademark application drafting and filing strategy. Unlike patents which can costs $5,000 to $15,000 to issue, trademark filing costs are generally more affordable for technology entrepreneurs to manage and budget for. […]

  • Trademark Search and Likelihood of Confusion Considerations for Technology Startups

    During the trademark search and clearance process technology entrepreneurs must evaluate whether a certain trademark, brand, or logo may infringe with an existing trademark in the same industry. For example, if an entrepreneur, tech startup, or mobile application developer was seeking to launch an app in the field of social networking and call it, “FACEBOOX”, […]