Intellectual Property Law Insights
What Is a Functionality Refusal in Trademark Law?
Many business owners are surprised when their trademark application is refused, especially when the design or feature they are trying to protect feels unique. One
Can Trade Dress Be Protected as a Trademark?
When most business owners think about trademarks, they think of brand names and logos. Fewer realize that the overall appearance of a product or service
What’s the Difference Between a Trademark and Trade Dress?
Many business owners understand that trademarks protect brand names and logos. Fewer realize that trademark law can also protect the overall look and feel of
What’s the Difference Between a Trademark and a Trade Name?
When business owners think about protecting their brand, one of the most common assumptions is that registering a business name automatically provides trademark protection. In
Do I Need an Attorney to File a Trademark?
For many business owners, the moment they create a brand name, logo, or slogan that feels “right,” the next step seems obvious: file a trademark
Are You Registering a Trademark—or Just Words?
You’ve come up with a brilliant name, slogan, or phrase that perfectly captures your brand’s identity. You’re ready to protect it and start registering a
Is There a Presumption of Unity of Control in Trademark Law?
Businesses often operate through multiple related entities—subsidiaries, affiliates, or sister corporations. These companies may share leadership, branding, and even customer bases. But when it comes
How Do You Prove Unity of Control Between Related Companies?
When companies are closely related, they often want to share or use similar trademarks. A parent company may own multiple subsidiaries, or two sister companies
Do You Control the Entity Behind the Trademark?
When your trademark application is denied because a related company already owns something similar, it’s easy to feel frustrated. But the issue isn’t necessarily the