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 of the most commo
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 may also qualify for protec
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 a product or business.
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 real
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 to protect it. But a common que
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 trademark with the U
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 bas
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 may operate under th
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 similarity
Who Controls the Trademark?
Just because your company’s name is on a trademark registration doesn’t always mean you fully control the trademark in the way the USPTO requires. That control—known as unity