# Kevin Keener | Intellectual Property Lawyer > Intellectual Property Patent Trademark Lawyers ## Pages - [History Invented](https://keenerlegal.com/history-invented/): Exploring Science, Technology, and Engineering Through the Lens of History History Invented by Keener Legal Welcome to History Invented, our... - [Excellence in Patent Litigation](https://keenerlegal.com/excellence-in-patent-litigation/): Recognized Excellence in Patent Litigation Patexia Honors Kevin Keener and Keener and Associates in Annual Report Learn More Call Us... - [Thank You](https://keenerlegal.com/thank-you/): Thank You For Choosing Us! Thank you for choosing Keener Legal! We genuinely appreciate your trust in our legal services... - [Intellectual Property Lawyers in Cleveland, Ohio](https://keenerlegal.com/intellectual-property-lawyers-in-cleveland-ohio/): Intellectual Property Lawyers in Cleveland, Ohio Protect Your Innovations in Cleveland Learn More Call Us Now Intellectual Property Protection in... - [Intellectual Property Lawyers in San Francisco, California](https://keenerlegal.com/intellectual-property-lawyers-in-san-francisco-california/): Intellectual Property Lawyers in San Francisco, California Protect Your Innovations in San Francisco Learn More Call Us Now Intellectual Property... - [Intellectual Property Lawyers in San Diego, California](https://keenerlegal.com/intellectual-property-lawyers-in-san-diego-california/): Intellectual Property Lawyers in San Diego, California Protect Your Innovations in San Diego Learn More Call Us Now Intellectual Property... - [Intellectual Property Lawyers in Phoenix, Arizona](https://keenerlegal.com/intellectual-property-lawyers-in-phoenix-arizona/): Intellectual Property Lawyers in Phoenix, Arizona Protect Your Innovations in Phoenix Learn More Call Us Now Intellectual Property Protection in... - [Intellectual Property Lawyers in Seattle, Washington](https://keenerlegal.com/intellectual-property-lawyers-in-seattle-washington/): Intellectual Property Lawyers in Seattle, Washington Protect Your Innovations in Seattle Learn More Call Us Now Intellectual Property Protection in... - [Intellectual Property Lawyers in Houston, Texas](https://keenerlegal.com/intellectual-property-lawyers-in-houston-texas/): Intellectual Property Lawyers in Houston, Texas Protect Your Innovations in Houston Learn More Call Us Now Intellectual Property Protection in... - [Intellectual Property Lawyers in Los Angeles, California](https://keenerlegal.com/intellectual-property-lawyers-in-los-angeles-california/): Intellectual Property Lawyers in Los Angeles, California Protect Your Innovations in Los Angeles Learn More Call Us Now Intellectual Property... - [Intellectual Property Lawyers in Portland, Oregon](https://keenerlegal.com/intellectual-property-lawyers-in-portland-oregon/): Intellectual Property Lawyers in Portland, Oregon Protect Your Innovations in Portland Learn More Call Us Now Intellectual Property Protection in... - [Intellectual Property Lawyers in Nashville, Tennessee](https://keenerlegal.com/intellectual-property-lawyers-in-nashville-tennessee/): Intellectual Property Lawyers in Nashville, Tennessee Protect Your Innovations in Nashville Learn More Call Us Now Intellectual Property Protection in... - [Intellectual Property Lawyers in Tulsa, Oklahom](https://keenerlegal.com/intellectual-property-lawyers-in-tulsa-oklahom/): Intellectual Property Lawyers in Tulsa, Oklahoma Protect Your Innovations in Tulsa Learn More Call Us Now Intellectual Property Protection in... - [Intellectual Property Lawyers in Washington, DC](https://keenerlegal.com/intellectual-property-lawyers-in-washington-dc/): Intellectual Property Lawyers in Washington, DC Protect Your Innovations in Washington, DC Learn More Call Us Now Intellectual Property Protection... - [Intellectual Property Lawyers in Denver, Colorado](https://keenerlegal.com/intellectual-property-lawyers-in-denver-colorado/): Intellectual Property Lawyers in Denver, Colorado Protect Your Innovations in Denver Learn More Call Us Now Intellectual Property Protection in... - [Intellectual Property Lawyers in Anchorage, Alaska](https://keenerlegal.com/intellectual-property-lawyers-in-anchorage-alaska/): Intellectual Property Lawyers in Anchorage, Alaska Protect Your Innovations in Anchorage Learn More Call Us Now Intellectual Property Protection in... - [Intellectual Property Lawyers in Boston, Massachusetts](https://keenerlegal.com/intellectual-property-lawyers-in-boston-massachusetts/): Intellectual Property Lawyers in Boston, Massachusetts Protect Your Innovations in Boston Learn More Call Us Now Intellectual Property Protection in... - [Intellectual Property Lawyers in Miami, Florida](https://keenerlegal.com/intellectual-property-lawyers-in-miami-florida/): Intellectual Property Lawyers in Miami, Florida Protect Your Innovations in Miami Learn More Call Us Now Intellectual Property Protection in... - [Intellectual Property Lawyers in Atlanta, Georgia](https://keenerlegal.com/intellectual-property-lawyers-in-atlanta-georgia/): Intellectual Property Lawyers in Atlanta, Georgia Protect Your Innovations in Atlanta Learn More Call Us Now Intellectual Property Protection in... - [Intellectual Property Lawyers in New York City, New York](https://keenerlegal.com/intellectual-property-lawyers-in-new-york-city-new-york/): Intellectual Property Lawyers in New York City, New York Protect Your Innovations in New York City Learn More Call Us... - [Intellectual Property Lawyers in Chicago, Illinois](https://keenerlegal.com/intellectual-property-lawyers-in-chicago-illinois/): Intellectual Property Lawyers in Chicago, Illinois Protect Your Innovations in Chicago Learn More Call Us Now Intellectual Property Protection in... - [Blog](https://keenerlegal.com/blog/): Intellectual Property Law Insights - [Add A Page](https://keenerlegal.com/add-a-page/): Our Vision Keener and Associates P. C. is an intellectual property law firm handling all intellectual property matters – patents,... - [About Us](https://keenerlegal.com/intellectual-property-lawyers/): Our Firm Welcome to Keener and Associates, P. C. , – a boutique Intellectual Property Law firm focused on meeting... - [About Keener Legal Team](https://keenerlegal.com/about-the-company/): Patent Application Lawyers Serving The United States Kevin J. Keener Lawyer Best Intellectual Property Lawyers in the United States Are... - [Practice Areas](https://keenerlegal.com/practice-areas-patent-trademark-copyright-lawyer/): Business law Medical law Employment law Architect law Public law Real estate law Intellectual property Criminal law Family law Immigration... - [Amazon Counterfeit and Takedown Removal Lawyers](https://keenerlegal.com/amazon-and-counterfeit-takedown-and-removal-lawyers/): Counterfeit Removal Lawyers 0 + Infringements Removed In A Single Court Case Counterfeit Removal: Counterfeit Takedown Internet commerce has changed... - [Trademark Patent Application Attorney](https://keenerlegal.com/): Intellectual Property Lawyers at Keener Legal Protect Your IP Assets – Across The United States And Overseas. Learn More Call... - [Trademark Lawyers](https://keenerlegal.com/trademark-lawyers/): Trademark Lawyers Serving the United States Why Do I Need To Hire A Trademark Lawyer? Why should you hire a... - [Patent Application Lawyers](https://keenerlegal.com/patent-application-lawyers/): Patent Application Lawyers Searching For The Best Patent Application Lawyers in the USA? Why Do I Need A Patent Application... - [Privacy Policy](https://keenerlegal.com/privacy-policy/): Who we are Suggested text: Our website address is: https://keener. webdraft. dev. Comments Suggested text: When visitors leave comments on... - [Intellectual Property Protection Lawyers](https://keenerlegal.com/intellectual-property-protection-lawyers/): Best Intellectual Property Lawyers Best Intellectual Property Lawyers in The USA. Are your Searching for Best Intellectual Property Lawyers in... - [Copyright Infringement Lawyers](https://keenerlegal.com/copyright-infringement-lawyers/): United States Copyright Infringement Lawyers Copyright Infringement Lawyers Protect Original Ideas. What Is A Copyright Infringement Lawyer? A copyright infringement... - [Patent Licensing Fees](https://keenerlegal.com/patent-licensing-fees/): Our Fees Keener and Associates utilizes flat fee billing whenever possible so that clients know exactly what their legal expenses... - [News & Judgements](https://keenerlegal.com/intellectual-property-lawyers-news-and-judgements/): Our Services Bussines, commercial and corporate law Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus elit ipsum. Lorem ipsum... - [Disclaimer](https://keenerlegal.com/disclaimer/): The content on this website is made available by Keener and Associates, P. C. for informational purposes only and is... - [Contact Us](https://keenerlegal.com/contact-us/): Contact Us Connect with Our Intellectual Property Legal Team We are here to help protect your valuable intellectual property with... ## Posts - [What’s the Difference Between De Jure & De Facto Functionality?](https://keenerlegal.com/whats-the-difference-between-de-jure-de-facto-functionality/): When businesses begin exploring trademark protection for product designs, packaging, or trade dress, they often run into the concept of... - [Why Can’t Functional Matter Be Trademarked?](https://keenerlegal.com/why-cant-functional-matter-be-trademarked/): Many business owners assume that if a product feature is unique or widely recognized, it should be eligible for trademark... - [What Is the Functionality Doctrine in Trademark Law?](https://keenerlegal.com/what-is-the-functionality-doctrine-in-trademark-law/): Many business owners assume that if a design is unique, it can be protected as a trademark. While that may... - [What Is a Functionality Refusal in Trademark Law?](https://keenerlegal.com/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... - [Can Trade Dress Be Protected as a Trademark?](https://keenerlegal.com/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... - [What’s the Difference Between a Trademark and Trade Dress?](https://keenerlegal.com/whats-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... - [What’s the Difference Between a Trademark and a Trade Name?](https://keenerlegal.com/whats-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... - [Do I Need an Attorney to File a Trademark?](https://keenerlegal.com/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... - [Are You Registering a Trademark—or Just Words?](https://keenerlegal.com/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... - [Is There a Presumption of Unity of Control in Trademark Law?](https://keenerlegal.com/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... - [How Do You Prove Unity of Control Between Related Companies?](https://keenerlegal.com/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... - [Do You Control the Entity Behind the Trademark?](https://keenerlegal.com/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... - [Who Controls the Trademark?](https://keenerlegal.com/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... - [What Is Unity of Control in Trademark Law?](https://keenerlegal.com/what-is-unity-of-control-in-trademark-law/): If you’re building a business and thinking about trademarks, you’ve probably come across terms that sound a little intimidating. One... - [Can Multiple Entities Legally Own the Same Trademark?](https://keenerlegal.com/can-multiple-entities-legally-own-the-same-trademark/): In today’s collaborative business world, joint ventures, licensing deals, and corporate groups often share responsibility for managing or using the... - [What Does "Likelihood of Confusion" Really Mean?](https://keenerlegal.com/what-does-likelihood-of-confusion-really-mean/): When you’re building a brand, trademark protection is one of the smartest legal investments you can make. It helps ensure... - [Trademarking U.S. Government Agency Names: Rules and Risks](https://keenerlegal.com/trademarking-u-s-government-agency-names-rules-and-risks/): Trademarking is essential for protecting your brand, but using names or acronyms related to U. S. government agencies requires careful... - [Does Manufacturing Location Affect Your Trademark Application?](https://keenerlegal.com/does-manufacturing-location-affect-your-trademark-application/): Trademarks play a crucial role in protecting brand identity, ensuring businesses have exclusive rights to their names, logos, and slogans.... - [Why Startups Should Prioritize Intellectual Property Protection](https://keenerlegal.com/why-startups-should-prioritize-intellectual-property-protection/): For many entrepreneurs, the excitement of launching a new business often overshadows the critical need for protecting their innovative ideas.... - [Common Mistakes to Avoid When Filing for a Trademark](https://keenerlegal.com/common-mistakes-to-avoid-when-filing-for-a-trademark/): Trademarks protect your brand’s identity by making your business name, logo, and products uniquely recognizable in the marketplace. A registered... - [Why is Trademark Monitoring Important for Protecting Your Brand?](https://keenerlegal.com/why-is-trademark-monitoring-important-for-protecting-your-brand/): Trademark monitoring, a key component of intellectual property management, involves regularly checking for unauthorized use of a brand’s name, logo,... - [From Logos to Slogans: What You Can (and Can’t) Trademark](https://keenerlegal.com/from-logos-to-slogans-what-you-can-and-cant-trademark/): Ever wondered if your business slogan or logo can be trademarked? Knowing the rules could save you from costly rebranding... - [What Types of Intellectual Property Can I Protect?](https://keenerlegal.com/what-types-of-intellectual-property-can-i-protect/): Intellectual property includes creations like inventions, literary and artistic works, designs, symbols, names, and images used in commerce. These intangible... - [The Advantages of Having a Patent Attorney on Your Side](https://keenerlegal.com/the-advantages-of-having-a-patent-attorney-on-your-side/): Protecting your intellectual property is a critical step in ensuring that your innovative ideas and inventions remain yours. Navigating the... - [What is a Patent and Why Do You Need One?](https://keenerlegal.com/what-is-a-patent-and-why-do-you-need-one/): Protecting your unique ideas and inventions is crucial. Patents play a significant role in safeguarding these creations, providing inventors with... - [What's the Difference Between Patents, Trademarks, & Copyrights?](https://keenerlegal.com/whats-the-difference-between-patents-trademarks-copyrights/): Protecting your intellectual property (IP) is more crucial than ever. Whether you’re an inventor, a business owner, or a creative... - [How Do I Navigate Manufacturing Goods Internationally as a Non-Resident?](https://keenerlegal.com/how-do-i-navigate-manufacturing-goods-internationally-as-a-non-resident/): In the vast expanse of global commerce, the notion of manufacturing goods internationally has transcended mere trends to become an... - [When Does a Distributor Gain Ownership of a Manufacturer's Mark?](https://keenerlegal.com/when-does-a-distributor-gain-ownership-of-a-manufacturers-mark/): In the dynamic world of commerce, trademarks serve as indispensable assets, effectively distinguishing one company’s goods or services from those... - [How Can I Assert Ownership of a Trademark?](https://keenerlegal.com/how-can-i-assert-ownership-of-a-trademark/): At Keener Legal, we recognize the paramount importance of establishing ownership of a trademark to safeguard your brand identity and... - [What are the Rules for Using People in Trademark Specimens Without Granting Ownership?](https://keenerlegal.com/what-are-the-rules-for-using-people-in-trademark-specimens-without-granting-ownership/): As experts in intellectual property law, we at Keener Legal understand the importance of trademarks in establishing brand identity and... - [Patexia Ranks Kevin Keener and Keener and Associates Among The Best Performing Patent Litigators In The Country](https://keenerlegal.com/patexia-ranks-kevin-keener-and-keener-and-associates-among-the-best-performing-patent-litigators-in-the-country/): In Patexia’s Fourth annual patent litigation report, both Kevin Keener and Keener and Associates, P. C. were each recognized for... - [Do Companies With Licenses or Franchisees Share a Trademark?](https://keenerlegal.com/do-companies-with-licenses-or-franchisees-share-a-trademark/): In the world of business, companies often seek to expand their reach and market presence through various means, including licensing... - [Are Sister Companies Considered Related?](https://keenerlegal.com/are-sister-companies-considered-related/): In the intricate world of corporate entities and legal definitions, the term “sister companies” often surfaces, leaving many to ponder... - [Can an Individual/Corporation Own a Trademark Filed by a Wholly Company?](https://keenerlegal.com/can-an-individual-corporation-own-a-trademark-filed-by-a-wholly-company/): In the intricate landscape of intellectual property (IP), understanding the nuances of trademark ownership with corporate structures is crucial. This... - [Are Companies with Identical Stockholders Considered Related Companies?](https://keenerlegal.com/are-companies-with-identical-stockholders-considered-related-companies/): In the intricate world of corporate structures and intellectual property rights, defining the boundaries of what constitutes “related companies” is... - [Can a Trademark be Used by Related Companies?](https://keenerlegal.com/can-a-trademark-be-used-by-related-companies/): In the fast-paced business world, trademarks play a pivotal role in distinguishing companies’ products or services. They are valuable assets... - [Understanding Related Companies in Trademark Law](https://keenerlegal.com/understanding-related-companies-in-trademark-law/): In intellectual property law, trademarks are powerful assets that bestow recognition and value upon businesses and their offerings. Trademark registration... - [Trademark Applications & Operating Divisions: What To Know](https://keenerlegal.com/trademark-applications-operating-divisions-what-to-know/): Understanding the role of operating divisions is crucial in trademark applications. While they can greatly impact a company’s branding strategy,... - [Oops! Fix a Trademark Error: Guide to Rectifying Filing Mistakes](https://keenerlegal.com/oops-fix-a-trademark-error-guide-to-rectifying-filing-mistakes/): Filing a trademark is a crucial step in protecting your intellectual property. However, mistakes can happen, and sometimes individuals or... - [Application Filing: Can Non-Owners Submit Trademark Applications?](https://keenerlegal.com/application-filing-can-non-owners-submit-trademark-applications/): Filing a trademark application involves important legal considerations. One common question is whether a non-owner can submit a trademark application.... - [Unlocking the Power of Trademark Claims: Leveraging Use by Related Companies for Ownership](https://keenerlegal.com/unlocking-the-power-of-trademark-claims-leveraging-use-by-related-companies-for-ownership/): In the realm of trademark law, a fundamental question often arises: Can ownership of a trademark be established through its... - [Copyright Applications - The Supreme Court Forgives You For Your Mistakes](https://keenerlegal.com/trademark-and-copyright-applications/): Supreme Court issues decision in H&M copyright case The Supreme Court issued a decision today saying that mistakes made in... - [The Best Trademark Application Lawyers Can't Protect Words, Only Trademarks](https://keenerlegal.com/trademark-application-lawyers/): Trademark Application Lawyers Protect Words? Forget About It! You can’t protect every word or phrase that you want to use.... - [Keenerlegal Blog- Can a Claim of Ownership for a Trademark be Based on Use by Related Companies?](https://keenerlegal.com/trademark-7540/): Can a Claim of Ownership for a Trademark be Based on Use by Related Companies? Yes. An applicant may base... - [Judgment Entered Against Trade Dress Counterfeiters](https://keenerlegal.com/judgment-entered-against-tradedress-counterfeiters-2/): Judgment Obtained Against Trade Dress Infringers The Northern District of Illinois issued a final judgment against counterfeiters of SoClean products... - [Patent Infringement Lawyers Enter Preliminary Injunction For Patent Infringement](https://keenerlegal.com/preliminary-injunction-entered-for-patent-infringement-22cv99/): Patent Infringement Lawyers Enter Preliminary Injunction For Counterfeit Takedown – The Court in ND Products, Inc. v. Does 1-359, Case... - [Judgment Entered Against Counterfeiters](https://keenerlegal.com/judgment-entered-against-counterfeiters/): Attorneys Rishi Nair and Kevin Keener closed out Magenav Inc. v. Does 1-869, 21-cv-1123. The attorneys obtained a judgment from... - [Counterfeit Takedown](https://keenerlegal.com/counterfeit-takedown/): Attorney Rishi Nair obtained a preliminary injunction in SoClean, Inc. v. Does 1-394, NDIL Case No. 21-cv-3954. The court issued an... - [Patent Application](https://keenerlegal.com/patent-application/): Attorney Stephen Presutti successfully navigated another patent application to allowance. The USPTO had rejected claims, but Stephen was able to... - [Patent Infringement](https://keenerlegal.com/legal-institutions/): Attorney Kevin Keener was granted a preliminary injunction against 254 counterfeiters for patent infringement. The judge issued an injunction which... - [Trademark Application](https://keenerlegal.com/trademark-application/): Attorney Amanda Westfall successfully appealed a rejection of a client’s trademark application for likelihood of confusion with the TTAB. Amanda... - [Trademark Infringement](https://keenerlegal.com/trademark-infringement/): Attorneys for Keener and Associates gain a temporary restraining order freezing more than two-thousand infringing sellers from selling counterfeit items.... # # Detailed Content ## Pages - Published: 2025-02-10 - Modified: 2025-06-18 - URL: https://keenerlegal.com/history-invented/ Exploring Science, Technology, and Engineering Through the Lens of History History Invented by Keener Legal Welcome to History Invented, our brand-new YouTube channel! We’re passionate about uncovering the historical roots of today’s scientific and technological marvels. From ancient engineering feats to groundbreaking inventions that shaped modern society, our channel dives into the intriguing stories behind how the world around us came to be. Our First Episode: The History of Bellows In this inaugural episode, we explore the origins of the bellows—an essential tool in blacksmithing and metallurgy for centuries. Discover how this seemingly simple invention revolutionized fire-based craftsmanship and paved the way for advancements in metalwork and manufacturing. https://www. youtube. com/watch? v=Rmoyy8lnMwUhttps://youtu. be/VFIwD-SOGT4? si=eoJ2QUmUTSDNVbsk Our Second Episode: The History of the Egg Separator In this episode, we crack open the fascinating history of the egg separator! From ancient kitchen techniques to modern innovations, discover how this simple yet ingenious tool has helped bakers and chefs separate yolks from whites with ease. Join us as we explore its evolution and uncover how such a small invention made a big impact on cooking and baking. Our Third Episode: The History of the Toilet Paper This isn't your mother's bumfodder. Join us as we unroll the surprisingly dramatic history of humanity's purest invention... that is, until it's used. https://youtu. be/ZHMs3qoxo9k? si=K0Q_CK2t17p3nCeT Have an Idea for Our Next Video? We love hearing from fellow history buffs, scientists, inventors, and curious minds! If you have a topic you’d like us to explore, share your suggestion... - Published: 2024-03-04 - Modified: 2024-03-04 - URL: https://keenerlegal.com/excellence-in-patent-litigation/ Recognized Excellence in Patent Litigation Patexia Honors Kevin Keener and Keener and Associates in Annual Report Learn More Call Us Now PRESS RELEASE Patexia Ranks Kevin Keener and Keener And Associates Among The Best Performing Patent Litigators In The Country In Patexia’s Fourth annual patent litigation report, both Kevin Keener and Keener and Associates, P. C. were each recognized for their work as one of the Top 100 Best Performing attorneys and firms in the country for patent litigation in their representation of patent owners. Patexia’s Patent Litigation Report ranks the top 100 best performing attorneys and law firms representing clients in patent litigation cases spanning from July 1, 2018 to June 30, 2023. The report analyzes 18,191 patent cases, 17,285 unique patents, 3,309 law firms, and 15,808 individual attorneys. Keener and Associates, P. C. was recognized as being #91 out of 3,309 law firms as Best Performing for its work on behalf of patent owners against patent infringers in federal court. Kevin Keener was personally recognized as #52 out of over 15,808 individual attorneys as Best Performing Attorney for his work on enforcing patent owners’ rights against infringers. The 2024 Patent Litigation Intelligence Report presents a thorough analysis of district court patent litigation cases filed between July 1, 2018, and June 30, 2023. This comprehensive report delves into detailed statistics, capturing annual and monthly filing trends, highlighting monthly filing averages, and providing insights into the number of patents involved in these cases. It also examines the most popular district... - Published: 2023-12-13 - Modified: 2023-12-13 - URL: https://keenerlegal.com/thank-you/ Thank You For Choosing Us! Thank you for choosing Keener Legal! We genuinely appreciate your trust in our legal services to address your needs. Your inquiry has been received, and we are excited to have the opportunity to assist you. - Published: 2023-06-27 - Modified: 2023-06-27 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-cleveland-ohio/ Intellectual Property Lawyers in Cleveland, Ohio Protect Your Innovations in Cleveland Learn More Call Us Now Intellectual Property Protection in Cleveland, Ohio Welcome to Keener Legal, your trusted partner in protecting intellectual property in Cleveland, Ohio. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In Cleveland, Ohio, the intellectual property (IP) landscape is thriving with active patent activity, a vibrant trademark market, and... - Published: 2023-06-27 - Modified: 2023-06-27 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-san-francisco-california/ Intellectual Property Lawyers in San Francisco, California Protect Your Innovations in San Francisco Learn More Call Us Now Intellectual Property Protection in San Francisco, California Welcome to Keener Legal, your trusted partner in protecting intellectual property in San Francisco, California. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In San Francisco, California, the intellectual property (IP) landscape is thriving with active patent activity,... - Published: 2023-06-27 - Modified: 2023-06-27 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-san-diego-california/ Intellectual Property Lawyers in San Diego, California Protect Your Innovations in San Diego Learn More Call Us Now Intellectual Property Protection in San Diego, California Welcome to Keener Legal, your trusted partner in protecting intellectual property in San Diego, California. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In San Diego, California, the intellectual property (IP) landscape is thriving with active patent activity,... - Published: 2023-06-27 - Modified: 2023-06-27 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-phoenix-arizona/ Intellectual Property Lawyers in Phoenix, Arizona Protect Your Innovations in Phoenix Learn More Call Us Now Intellectual Property Protection in Phoenix, Arizona Welcome to Keener Legal, your trusted partner in protecting intellectual property in Phoenix, Arizona. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In Phoenix, Arizona, the intellectual property (IP) landscape is thriving with active patent activity, a vibrant trademark market, and... - Published: 2023-06-27 - Modified: 2023-06-27 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-seattle-washington/ Intellectual Property Lawyers in Seattle, Washington Protect Your Innovations in Seattle Learn More Call Us Now Intellectual Property Protection in Seattle, Washington Welcome to Keener Legal, your trusted partner in protecting intellectual property in Seattle, Washington. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In Seattle, Washington, the intellectual property (IP) landscape is thriving with active patent activity, a vibrant trademark market, and... - Published: 2023-06-27 - Modified: 2023-06-27 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-houston-texas/ Intellectual Property Lawyers in Houston, Texas Protect Your Innovations in Houston Learn More Call Us Now Intellectual Property Protection in Houston, Texas Welcome to Keener Legal, your trusted partner in protecting intellectual property in Houston, Texas. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In Houston, Texas, the intellectual property (IP) landscape is thriving with active patent activity, a vibrant trademark market, and... - Published: 2023-06-23 - Modified: 2023-06-23 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-los-angeles-california/ Intellectual Property Lawyers in Los Angeles, California Protect Your Innovations in Los Angeles Learn More Call Us Now Intellectual Property Protection in Los Angeles, California Welcome to Keener Legal, your trusted partner in protecting intellectual property in Los Angeles, California. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In Los Angeles, California, the intellectual property (IP) landscape is thriving with active patent activity,... - Published: 2023-06-23 - Modified: 2023-06-23 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-portland-oregon/ Intellectual Property Lawyers in Portland, Oregon Protect Your Innovations in Portland Learn More Call Us Now Intellectual Property Protection in Portland, Oregon Welcome to Keener Legal, your trusted partner in protecting intellectual property in Portland, Oregon. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In Portland, Oregon, the intellectual property (IP) landscape is thriving with active patent activity, a vibrant trademark market, and... - Published: 2023-06-23 - Modified: 2023-06-23 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-nashville-tennessee/ Intellectual Property Lawyers in Nashville, Tennessee Protect Your Innovations in Nashville Learn More Call Us Now Intellectual Property Protection in Nashville, Tennessee Welcome to Keener Legal, your trusted partner in protecting intellectual property in Nashville, Tennessee. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In Nashville, Tennessee, the intellectual property (IP) landscape is thriving with active patent activity, a vibrant trademark market, and... - Published: 2023-06-23 - Modified: 2023-06-23 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-tulsa-oklahom/ Intellectual Property Lawyers in Tulsa, Oklahoma Protect Your Innovations in Tulsa Learn More Call Us Now Intellectual Property Protection in Tulsa, Oklahoma Welcome to Keener Legal, your trusted partner in protecting intellectual property in Tulsa, Oklahoma. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In Tulsa, Oklahoma, the intellectual property (IP) landscape is thriving with active patent activity, a vibrant trademark market, and... - Published: 2023-06-23 - Modified: 2023-06-23 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-washington-dc/ Intellectual Property Lawyers in Washington, DC Protect Your Innovations in Washington, DC Learn More Call Us Now Intellectual Property Protection in Washington, DC Welcome to Keener Legal, your trusted partner in protecting intellectual property in Washington, DC. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In Washington, DC, the intellectual property (IP) landscape is thriving with active patent activity, a vibrant trademark market,... - Published: 2023-06-23 - Modified: 2023-06-23 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-denver-colorado/ Intellectual Property Lawyers in Denver, Colorado Protect Your Innovations in Denver Learn More Call Us Now Intellectual Property Protection in Denver, Colorado Welcome to Keener Legal, your trusted partner in protecting intellectual property in Denver, Colorado. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In Denver, Colorado, the intellectual property (IP) landscape is thriving with active patent activity, a vibrant trademark market, and... - Published: 2023-06-23 - Modified: 2023-06-23 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-anchorage-alaska/ Intellectual Property Lawyers in Anchorage, Alaska Protect Your Innovations in Anchorage Learn More Call Us Now Intellectual Property Protection in Anchorage, Alaska Welcome to Keener Legal, your trusted partner in protecting intellectual property in Anchorage, Alaska. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In Anchorage, Alaska, the intellectual property (IP) landscape is thriving with active patent activity, a vibrant trademark market, and... - Published: 2023-06-23 - Modified: 2023-06-23 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-boston-massachusetts/ Intellectual Property Lawyers in Boston, Massachusetts Protect Your Innovations in Boston Learn More Call Us Now Intellectual Property Protection in Boston, Massachusetts Welcome to Keener Legal, your trusted partner in protecting intellectual property in Boston, Massachusetts. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In Boston, Massachusetts, the intellectual property (IP) landscape is thriving with active patent activity, a vibrant trademark market, and... - Published: 2023-06-23 - Modified: 2023-06-27 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-miami-florida/ Intellectual Property Lawyers in Miami, Florida Protect Your Innovations in Miami Learn More Call Us Now Intellectual Property Protection in Miami, Florida Welcome to Keener Legal, your trusted partner in protecting intellectual property in Miami, Florida. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In Miami, Florida, the intellectual property (IP) landscape is thriving with active patent activity, a vibrant trademark market, and... - Published: 2023-06-23 - Modified: 2023-06-23 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-atlanta-georgia/ Intellectual Property Lawyers in Atlanta, Georgia Protect Your Innovations in Atlanta Learn More Call Us Now Intellectual Property Protection in Atlanta, Georgia Welcome to Keener Legal, your trusted partner in protecting intellectual property in Atlanta, Georgia. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In Atlanta, Georgia, the intellectual property (IP) landscape is thriving with active patent activity, a vibrant trademark market, and... - Published: 2023-06-23 - Modified: 2023-06-23 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-new-york-city-new-york/ Intellectual Property Lawyers in New York City, New York Protect Your Innovations in New York City Learn More Call Us Now Intellectual Property Protection in New York City, New York Welcome to Keener Legal, your trusted partner in protecting intellectual property in New York City, New York. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In New York City, New York, the intellectual... - Published: 2023-06-23 - Modified: 2023-06-23 - URL: https://keenerlegal.com/intellectual-property-lawyers-in-chicago-illinois/ Intellectual Property Lawyers in Chicago, Illinois Protect Your Innovations in Chicago Learn More Call Us Now Intellectual Property Protection in Chicago, Illinois Welcome to Keener Legal, your trusted partner in protecting intellectual property in Chicago, Illinois. We specialize in safeguarding and handling cases related to the ownership of intellectual property, such as inventions, logos, and works of art. Our team of highly skilled attorneys provides expert guidance on patents, trademarks, copyrights, and trade secrets, offering personalized attention and exceptional services to our clients. With a deep understanding of intellectual property law, we work tirelessly to protect and defend your intellectual property rights. Our innovative and strategic approach, coupled with a proven track record of success, sets us apart from our competitors. From drafting agreements to reviewing patentability and providing legal support for franchising and technology transfers, we cover all aspects of intellectual property law with unwavering dedication. Choose Keener Legal for unparalleled expertise and the highest quality legal services in patents, copyright, and trademark law. Your intellectual property deserves the best protection, and we are here to deliver it. PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. In Chicago, Illinois, the intellectual property (IP) landscape is thriving with active patent activity, a vibrant trademark market, and... - Published: 2023-06-05 - Modified: 2023-12-15 - URL: https://keenerlegal.com/blog/ Intellectual Property Law Insights - Published: 2022-02-18 - Modified: 2022-02-18 - URL: https://keenerlegal.com/add-a-page/ Our Vision Keener and Associates P. C. is an intellectual property law firm handling all intellectual property matters – patents, trademarks, and copyrights.   Our vision is to support our clients’ intellectual property needs through integrity, expertise, responsiveness, and strength. We seek to represent clients in a fully engaged and dedicated manner. Whether you are an entrepreneur seeking your first intellectual property protection or an established company seeking assistance with a complex patent and trademark portfolio, Keener and Associates, P. C. can create a personalized solution for your business.   We understand that intellectual property can be a client’s most valuable asset and are dedicated to protecting those assets. This starts with an understanding of a client’s business strategy, working with high attention to detail and research, developing high-quality filings with the United States Patent and Trademark Office (USPTO) and/or foreign jurisdictions, and then rigorously litigating a matter if needed to defend those assets. As a boutique firm, we can provide the attention and focus to understand our clients' needs and operate within a reasonable budget to execute those needs. Patent prosecution Patentability Civil litigation Non-infringement opinions Copyright and trademark prosecution Drafting licensing agreements Personalized patent solutions Add Your Heading Text Here Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo. Intellectual Property Services: PATENTS Useful inventions or product designs may be entitled... - Published: 2021-10-28 - Modified: 2023-04-25 - URL: https://keenerlegal.com/intellectual-property-lawyers/ Our Firm Welcome to Keener and Associates, P. C. , – a boutique Intellectual Property Law firm focused on meeting the needs of each client by providing exceptional services. Our Vision Keener and Associates P. C. is an intellectual property law firm handling all intellectual property matters – patents, trademarks, and copyrights.   Our vision is to support our clients’ intellectual property needs through integrity, expertise, responsiveness, and strength. We seek to represent clients in a fully engaged and dedicated manner. Whether you are an entrepreneur seeking your first intellectual property protection or an established company seeking assistance with a complex patent and trademark portfolio, Keener and Associates, P. C. can create a personalized solution for your business.   We understand that intellectual property can be a client’s most valuable asset and are dedicated to protecting those assets. This starts with an understanding of a client’s business strategy, working with high attention to detail and research, developing high-quality filings with the United States Patent and Trademark Office (USPTO) and/or foreign jurisdictions, and then rigorously litigating a matter if needed to defend those assets. As a boutique firm, we can provide the attention and focus to understand our clients' needs and operate within a reasonable budget to execute those needs. Patent prosecution Patentability Civil litigation Non-infringement opinions Copyright and trademark prosecution Drafting licensing agreements Personalized patent solutions Advantages of Keener & Associates International Services Our firm is headquartered in Chicago, Illinois, USA with offices both in Chicago, Illinois and Cleveland, Ohio.... - Published: 2021-09-10 - Modified: 2023-04-25 - URL: https://keenerlegal.com/about-the-company/ Patent Application Lawyers Serving The United States Kevin J. Keener Lawyer Best Intellectual Property Lawyers in the United States Are you looking for the best intellectual property lawyers in the United States? Kevin Keener is the founding member of Keener and Associate, P. C. Kevin began his practice of what would become the firm during the heights of the Great Recession when he realized that the business model of standard law firms was inefficient and detrimental to clients. Send An Email To Kevin Kevin envisioned to grow his firm on a different model that was based on personal service, dedication to excellent work product, and fairness to client’s operating expenses. Over a decade later and Kevin continues to work on these principles to grow Keener and Associates, P. C. into a vibrant and growing firm that services clients across the United States and globally. During and after college Kevin worked in management positions with different companies and operated a solo venture as an entrepreneur. Kevin also worked as a paralegal for a top tier law firm in their patent litigation department before attending law school. This practical, real-world, experience has given Kevin the ability to communicate and counsel clients on intellectual property and business matters in a meaningful way because he understands first-hand clients’ concerns. His personal grasp of business operations gives him the capability to advise clients on the proper protection to seek for their intellectual property in a way that helps clients see the best chances for a... - Published: 2021-09-08 - Modified: 2021-10-26 - URL: https://keenerlegal.com/practice-areas-patent-trademark-copyright-lawyer/ Business law Medical law Employment law Architect law Public law Real estate law Intellectual property Criminal law Family law Immigration law Coorporate law Data protection law Mediation Make a free consultation call and choose your lawyer. Free Consultation - Published: 2021-09-03 - Modified: 2023-03-29 - URL: https://keenerlegal.com/amazon-and-counterfeit-takedown-and-removal-lawyers/ Counterfeit Removal Lawyers 0 + Infringements Removed In A Single Court Case Counterfeit Removal: Counterfeit Takedown Internet commerce has changed the landscape of business. It has also created an unlimited opportunity for counterfeiters and infringers to hawk substandard products to the detriment of intellectual property owners. Takedown notifications can only do so much. You submit one takedown notification to remove a listing only to have two more take its place. This whack-a-mole method of dealing with online infringement is frustrating, costly, and slow. Keener and Associates bypasses this method to deal with all infringers in a single blow. We will file a lawsuit against the infringers to enforce your patent, copyright, or trademark. We have successfully gotten injunctions on behalf of clients to shut down counterfeiters.   While most cases involve hundreds of infringers, we have successfully removed over two thousand infringing listings in a single court case. Once defendants’ stores are shut down, we then negotiate with counterfeiters on behalf of clients to get payment for the infringement. This way our clients see positive money returned to them to help cover their damages. We have used this proven method time and again to permanently shut down the online infringement problems experienced by our clients and recover millions of dollars from infringers. Are Counterfeiters Infringing Your Intellectual Property Rights? Kevin and his team can help you get counterfeit products off the market. Contact Us Client Testimonials We use Kevin's services primarily for IP and licensing related work, and also for... - Published: 2021-08-26 - Modified: 2026-01-21 - URL: https://keenerlegal.com/ Intellectual Property Lawyers at Keener Legal Protect Your IP Assets - Across The United States And Overseas. Learn More Call Us Now Receive A Complimentary IP Consultation... We help inventors, creators, and business professionals protect the value of their intellectual and branding assets using tools like patents, trademarks, and copyrights. Enter your contact details below and one of our team members will get in touch with you. Intellectual Property Lawyers PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. What do Intellectual Property Lawyers do? We, as intellectual property (IP) lawyers, specialize in protecting and handling cases related to the ownership of intellectual property resulting from mental efforts and intellectual labor, such as inventions, logos, and works of art. We work with patents, trademarks, copyrights, and trade secrets. Our role involves providing legal advice and guidance to clients on a range of matters related to intellectual property, including drafting, negotiating, and interpreting agreements and contracts such as license agreements, non-disclosure agreements, manufacturing agreements, and supply agreements. Furthermore, we may review a company's innovations and inventions to determine whether they can be patented and assist with the necessary paperwork to obtain patents. We also provide legal support for franchising, distribution, and technology transfers. Overall, as IP lawyers, we... - Published: 2021-08-20 - Modified: 2025-05-28 - URL: https://keenerlegal.com/trademark-lawyers/ Trademark Lawyers Serving the United States Why Do I Need To Hire A Trademark Lawyer? Why should you hire a trademark lawyer? Essentially, a Trademark lawyer helps you to formally establish your business as a legally recognized entity by registering its name and markings (logo) with the United States Patent and Trademark Office (USPTO). A trademark consists of a word, phrase, logo, or device that acts as a source of origin for the goods or services of a company. Having a registered trademark serves to prevent your company from being copied and creative rights from being infringed upon, protecting both your vested interest and future livelihood. Our team of Trademark Lawyers can help you establish, maintain and protect your trademark claim, every step of the way. Trademarks help consumers distinguish authentic products or services for counterfeit removal services. Thorough Trademark Name Search Services by Experienced Trademark Lawyers As your trademark lawyer, we will ensure that you don't accidentally copy someone else and put yourself at risk of lawsuits. When you hire us the first thing we will do is conduct a comprehensive search of state, federal, and international records for your name and mark to make sure that it is indeed available. It is better to make an informed decision before spending time and energy on applying for a trademark that would get rejected. As trademark lawyers, we will make sure that your mark is distinct enough and not-easily-confused with another registered mark before investing for you in the application... - Published: 2021-08-20 - Modified: 2023-12-12 - URL: https://keenerlegal.com/patent-application-lawyers/ Patent Application Lawyers Searching For The Best Patent Application Lawyers in the USA? Why Do I Need A Patent Application Lawyer? The best patent lawyer can help you establish and maintain exclusive rights to monetize your invention. The process of getting your invention patented can be long, complicated, and confusing. Drafting patents is a complex and nuanced process and negotiating with the United States Patent and Trademark Office requires knowledge and expertise. Patent litigation and patent infringement can be even more overwhelming. Article 1, Section 8, Clause 8 of the United States Constitution says that Congress shall have the power “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. ” Even hundreds of years ago, the Founding Fathers of the United States understood the overwhelming importance of patents and how necessary it is to protect them. Inventions and scientific discoveries are at the heart of human innovation, and they have great power and value. What Types of Patents Are There? + - Utility Patents A utility patent is a patent for a new or improved invention for a useful item, product, creation, or method. Such a patent protects the invention and the way it is used and its unique useful properties. In drafting a patent, wording claims in a specific way and getting proper patent drawings is critical to getting an invention patented. Many important elements go into the patent process for... - Published: 2021-08-20 - Modified: 2021-08-20 - URL: https://keenerlegal.com/privacy-policy/ Who we areSuggested text: Our website address is: https://keener. webdraft. dev. CommentsSuggested text: When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. 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This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen... - Published: 2021-08-19 - Modified: 2023-04-25 - URL: https://keenerlegal.com/intellectual-property-protection-lawyers/ Best Intellectual Property Lawyers Best Intellectual Property Lawyers in The USA. Are your Searching for Best Intellectual Property Lawyers in The USA? We are a full service Intellectual Property law firm offering strategic counsel to clients concerning patents, trademarks, copyrights and counterfeit removal services. Because we understand the current trends of the global market, we help both small businesses and international corporations alike understand and leverage their IP rights. And, with a worldwide network of associates in a wide range of technical disciplines, we can readily assist our clients wherever they do business. We work closely with clients to ensure their ideas, works and inventions stay secure so they can focus on what they do best—business growth and development. We regularly prosecute patent applications and trademark registrations at the U. S. Patent and Trademark Office (USPTO) and the United States International Trade Commission (ITC), while also litigating IP issues across a number of platforms. Intellectual Property Attorneys PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish authentic products or services from counterfeits. COPYRIGHTS Works of art, text, or consumer products that you create are protectable under copyright law. COUNTERFEITS We take down those who infringe on your intellectual property rights. Why Choose Keener & Associates, P. C. ? We are the best in the United States at providing exceptional services in patents, copyright, and trademark law. Our team of highly skilled and experienced attorneys has a proven track record of successfully... - Published: 2021-08-19 - Modified: 2023-12-12 - URL: https://keenerlegal.com/copyright-infringement-lawyers/ United States Copyright Infringement Lawyers Copyright Infringement Lawyers Protect Original Ideas. What Is A Copyright Infringement Lawyer? A copyright infringement lawyer is a specialist with a form of protection provided by the government of the United States to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Copyright infringement protection is available for all unpublished works, regardless of the nationality or residence of the author. Copyright infringement law protects the author’s original expression as contained in the work but does not usually extend to any idea, procedure, process, method, system, discovery, name, or title. Is it necessary to protect against copyright infringement? Protection against copyright infringement is important. When you create a work of art, whether a film, book, painting, textbook, or a unique toy or consumer product, you have created a work that is protectable under copyright law. Creating something original and special is worth protecting and hiring a copyright infringement lawyer is a must. There are many benefits to federally registering your copyright with the United States Copyright Office. Without a federal registration, enforcement of your copyright in federal court is impossible. Keener and Associates can help you file your copyright applications, license those copyrights, and enforce your rights against copyright infringement. Copyright Registration By registering your intellectual property, you put the world on notice of your creation, and that your creation belongs to you. You can enforce your copyright... - Published: 2021-08-19 - Modified: 2023-12-12 - URL: https://keenerlegal.com/patent-licensing-fees/ Our Fees Keener and Associates utilizes flat fee billing whenever possible so that clients know exactly what their legal expenses will be in advance. We have filed hundreds of trademark applications and hundreds of patent applications. Our decades of experience enable us to apply efficiencies to the matters that we handle for our clients. Contact us today to see how we can help your business meet its legal budget. + - Trademark Flat Fee Services • Prepare and file U. S. trademark application• Non-substantive response to U. S. trademark office action• Substantive response to U. S. trademark office action• File extension of time to submit allegation of use of trademark• File allegation of use of trademark•Prepare and file Section 8 or Section 9 renewal of U. S. trademark registration + - Patent Flat Fee Services Patents (fees can vary dependent upon technology involved and complexity of the invention)• Prepare and file U. S. design patent application• Prepare and file U. S. provisional patent application• Prepare and file U. S. nonprovisional patent application + - Copyright Flat Fee Services Prepare and file copyright application Do You have a question? Keener and Associates can also develop specific flat fee pricing for all work on a client portfolio based on client specific volume. Contact us today for discussions on how Keener and Associates can handle your portfolio. We have answers. Contact Us Intellectual Property Lawyers PATENTS Useful inventions or product designs may be entitled to a utility or design patent. TRADEMARKS Trademarks distinguish... - Published: 2021-08-19 - Modified: 2022-08-11 - URL: https://keenerlegal.com/intellectual-property-lawyers-news-and-judgements/ Our Services Bussines, commercial and corporate law Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus elit ipsum. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Nam id mollis ex. Building and architect law Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus elit ipsum. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Nam id mollis ex. Intellectual property Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus elit ipsum. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Nam id mollis ex. Data protection law Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus elit ipsum. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Nam id mollis ex. You have a question? 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Sed non ullamcorper metus. + - How to ensure effective... - Published: 2021-08-14 - Modified: 2021-08-20 - URL: https://keenerlegal.com/disclaimer/ The content on this website is made available by Keener and Associates, P. C. for informational purposes only and is not legal advice. Communication of information via this website or contact form does not create or constitute an attorney-client relationship. Cookies Suggested text: If you request a password reset, your IP address will be included in the reset email. How long we retain your data Suggested text: If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information. - Published: 2020-09-10 - Modified: 2026-01-21 - URL: https://keenerlegal.com/contact-us/ Contact Us Connect with Our Intellectual Property Legal TeamWe are here to help protect your valuable intellectual property with patents, trademarks, and copyrights. Enter your contact details below, and one of our team members will reach out to set up your consultation. Our Locations Chicago 33 N. Dearborn Street, Suite 1000, Chicago, IL 60602 Map Get a free consultation. CALL NOW ## Posts - Published: 2026-08-17 - Modified: 2026-05-21 - URL: https://keenerlegal.com/whats-the-difference-between-de-jure-de-facto-functionality/ - Categories: Trademarks - Tags: De Facto, De Jure When businesses begin exploring trademark protection for product designs, packaging, or trade dress, they often run into the concept of functionality. At first glance, the rule seems simple: functional product features cannot be trademarked. But trademark law has historically made an important distinction between two different types of functionality: de jure functionality and de facto functionality. Understanding this distinction can help businesses avoid costly trademark refusals and build stronger intellectual property strategies. It can also help clarify why some product features qualify for trademark protection while others do not. If you are developing a product design, packaging style, or trade dress strategy, knowing how the USPTO evaluates functionality is critical before filing a trademark application. What Is Functionality in Trademark Law? In trademark law, functionality refers to whether a product feature serves a useful purpose. Trademark law protects branding and source identification, not utility. A feature is generally considered functional if it: Is essential to the use or purpose of the product Affects the cost or quality of the product Improves performance or efficiency Provides a competitive advantage unrelated to branding This concept plays a major role in trademark refusals involving product design and trade dress. If you are unfamiliar with how the USPTO handles these issues, you may also want to read Keener Legal’s blog on What Is a Functionality Refusal in Trademark Law? What Is De Facto Functionality? De facto functionality means that a product feature has a function in the ordinary sense of the word. Nearly every... - Published: 2026-07-13 - Modified: 2026-05-01 - URL: https://keenerlegal.com/why-cant-functional-matter-be-trademarked/ - Categories: Trademarks - Tags: Functional Matter Many business owners assume that if a product feature is unique or widely recognized, it should be eligible for trademark protection. On the surface, that seems logical. If customers associate a specific design or feature with your brand, why shouldn’t you be able to protect it? The reality is different. Under trademark law, functional matter cannot be trademarked. This is not a flexible rule or a gray area. It is a strict legal principle grounded in public policy and reinforced by courts at every level. Understanding why functional matter cannot be trademarked is essential before filing an application. It can help you avoid refusals, protect your brand more effectively, and choose the right legal strategy for your business. What Is Functional Matter in Trademark Law? Functional matter refers to any feature of a product that serves a practical purpose. A feature is considered functional if it is essential to the use or purpose of the product or if it affects the cost or quality of the product. This definition comes directly from Supreme Court decisions such as TrafFix Devices, Inc. v. Marketing Displays, Inc. and Qualitex Co. v. Jacobson Products Co. . In practical terms, a feature is functional if it: Improves how a product works Makes the product easier or cheaper to manufacture Enhances durability, safety, or efficiency Provides a competitive advantage unrelated to branding Examples of functional matter include: A product shape designed for better grip A configuration that improves airflow or performance A design that reduces manufacturing... - Published: 2026-06-17 - Modified: 2026-04-17 - URL: https://keenerlegal.com/what-is-the-functionality-doctrine-in-trademark-law/ - Categories: Trademarks - Tags: Functionality Doctrine Many business owners assume that if a design is unique, it can be protected as a trademark. While that may be true for logos, names, and branding elements, it is not always true for product features. One of the most important limitations in trademark law is known as the functionality doctrine. This doctrine plays a critical role in determining what can and cannot be protected. If a feature is considered functional, it cannot be registered as a trademark, no matter how recognizable it becomes. Understanding the functionality doctrine is essential before filing a trademark application. It can help you avoid refusals, protect your brand more effectively, and choose the right type of legal protection for your product. What Is the Functionality Doctrine? The functionality doctrine is a legal rule that prevents trademark protection for functional product features. In simple terms, trademark law does not allow businesses to claim exclusive rights over features that serve a useful purpose. Trademarks are meant to identify the source of goods or services. They are not intended to protect how a product works, performs, or is constructed. When a feature is essential to the use or purpose of a product, or when it affects cost or quality, it is considered functional. If a feature is functional, it must remain available for competitors to use. As a result, it cannot be registered as a trademark. Why the Functionality Doctrine Exists The functionality doctrine exists to maintain a fair and competitive marketplace. Without it, companies could use... - Published: 2026-05-11 - Modified: 2026-04-09 - URL: https://keenerlegal.com/what-is-a-functionality-refusal-in-trademark-law/ - Categories: Trademarks 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 common and misunderstood reasons for refusal is known as a functionality refusal. At first glance, this can seem confusing. If something is distinctive or widely recognized, why can’t it be protected? The answer lies in a core principle of trademark law: trademarks protect branding, not useful product features. Understanding what a functionality refusal is and how it works can help you avoid costly mistakes and improve your chances of successfully registering your trademark. What Is a Functionality Refusal? A functionality refusal occurs when the U. S. Patent and Trademark Office determines that the subject matter of a trademark application is functional rather than a source identifier. In simple terms, if a feature is useful or serves a practical purpose, it cannot be protected as a trademark. Trademark law is designed to protect brand identity, not to give businesses exclusive rights over functional aspects of a product. This type of refusal can apply to: Product designs Product shapes Packaging features Colors or configurations that serve a purpose If the applied-for mark is considered functional, the USPTO will refuse registration regardless of how long the feature has been used or how recognizable it may be. Why Functional Matter Cannot Be Trademarked Trademark law exists to help consumers identify the source of goods or services. It does not exist to protect the usefulness of a... - Published: 2026-04-13 - Modified: 2026-03-03 - URL: https://keenerlegal.com/can-trade-dress-be-protected-as-a-trademark/ - Categories: Trademarks - Tags: trade dress 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 protection under trademark law. This broader concept is known as trade dress. So can trade dress be protected as a trademark? The short answer is yes. However, the legal standards for protecting trade dress are more demanding than those for traditional word or logo marks. Before filing, businesses must understand two critical issues: functionality and distinctiveness. What Is Trade Dress? Trade dress refers to the total image and overall appearance of a product or service. It can include elements such as shape, size, color combinations, texture, graphics, packaging design, or even the layout of a retail space. Courts have described trade dress as the complete visual impression that identifies the source of goods or services. Trade dress can apply to: Product packaging Product configuration or shape Color or color combinations Restaurant interiors Store layouts Unique visual presentation of goods Like a traditional trademark, trade dress must function as a source identifier. Consumers must recognize the appearance as signaling a particular company rather than merely describing or enhancing the product itself. Can Trade Dress Be a Trademark? Yes, trade dress can be protected as a trademark. Under the Trademark Act, trade dress is considered a symbol or device capable of identifying the source of goods or services. However, not all product appearances qualify. Trade dress protection requires satisfying two major legal requirements:... - Published: 2026-03-16 - Modified: 2026-02-10 - URL: https://keenerlegal.com/whats-the-difference-between-a-trademark-and-trade-dress/ - Categories: Trademarks 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. This broader form of protection is known as trade dress. While trademarks and trade dress both fall under the Trademark Act, they serve different purposes and are evaluated under different legal standards. Understanding the difference between a trademark and trade dress is essential before filing with the U. S. Patent and Trademark Office. Confusing the two can lead to refusals, delays, or weak brand protection. What Is a Trademark? A trademark is any word, name, symbol, or design used to identify and distinguish the source of goods or services. Trademarks help consumers recognize where products come from and allow businesses to build goodwill in their brands. Common examples of trademarks include: Business or brand names Logos and design marks Slogans or taglines Trademarks usually focus on a specific element such as a name or logo rather than the overall appearance of a product or space. When consumers see a trademark, they associate it with a single source. What Is Trade Dress? Trade dress refers to the total image and overall appearance of a product or service. It is considered a symbol or device under trademark law and can function as a source identifier when consumers associate that appearance with a single business. It may include: Product shape or configuration Packaging design or layout Color or color combinations Texture, graphics, or patterns... - Published: 2026-02-09 - Modified: 2026-01-06 - URL: https://keenerlegal.com/whats-the-difference-between-a-trademark-and-a-trade-name/ - Categories: Trademarks 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 reality, trademark law draws a very clear distinction between a trademark and a trade name—and misunderstanding that difference can lead to costly mistakes. So what exactly separates a trademark from a trade name, and why does it matter when filing with the U. S. Patent and Trademark Office (USPTO)? Understanding this distinction is critical if you want real, enforceable brand protection. What Is a Trade Name? A trade name (also referred to as a “commercial name”) is simply the name used to identify a business or company. Under §45 of the Trademark Act, a trade name is defined as: “Any name used by a person to identify his or her business or vocation. ” In other words, a trade name tells the public who you are as a business, not necessarily what products or services you offer. Examples of trade names include: A company’s legal name A “doing business as” (DBA) name A corporate or LLC name used on invoices, letterhead, or email signatures Importantly, the Trademark Act does not provide for registration of trade names. This means that simply forming an LLC or registering a business name with a state does not give you federal trademark rights. What Is a Trademark? A trademark, on the other hand, serves a completely different purpose. A trademark is used to: Identify and distinguish goods or services Indicate... - Published: 2026-01-12 - Modified: 2025-12-03 - URL: https://keenerlegal.com/do-i-need-an-attorney-to-file-a-trademark/ - Categories: Trademarks 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 question arises early in the process: Do you actually need an attorney to file a trademark? Technically, the answer is no—you can complete and submit a trademark application on your own. But the real question isn’t whether you can. It’s whether you should. Filing a trademark with the United States Patent and Trademark Office (USPTO) isn’t simply filling out a form. It’s a legal process with very specific rules, strict deadlines, and complex legal standards that most first-time applicants don’t realize until they’ve already made mistakes. And once a mistake is made, it’s often hard—or impossible—to fix without starting over. This blog breaks down everything you need to know before you file a trademark, the risks of doing it alone, and the benefits of hiring an experienced trademark attorney to help protect your brand from day one. What It Actually Means to File a Trademark Before deciding whether to involve an attorney, it’s important to understand what filing a trademark actually involves. The USPTO requires far more than just a name or a logo. A complete trademark filing typically includes: A full legal name and domicile address A clear drawing of the mark A properly worded description of goods/services Selecting the correct trademark class(es) A valid specimen of use (if filing based on actual use) Legal declarations Payment of... - Published: 2025-12-08 - Modified: 2025-11-04 - URL: https://keenerlegal.com/are-you-registering-a-trademark-or-just-words/ - Categories: Trademarks 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. S. Patent and Trademark Office (USPTO). But before you file, it’s crucial to ask: Are you actually registering a trademark—or just words? Many business owners believe that simply creating or using a word gives them exclusive rights to it. In reality, trademark law is about more than ownership of a word or phrase—it’s about how that word functions in the marketplace. The USPTO doesn’t grant registration for clever expressions or popular phrases unless they serve a very specific purpose: identifying and distinguishing your goods or services as coming from a single source. This post explains the key difference between registering a trademark and merely attempting to register words, why context matters, and how to make sure your application meets the USPTO’s standards. What Does “Registering a Trademark” Actually Mean? At its core, trademark law protects source identifiers—signs, symbols, or words that help consumers know where goods or services come from. A trademark is not ownership over a word in the abstract; it’s legal protection for how that word is used to represent your brand. The Trademark Act defines a trademark as any word, name, symbol, or device used to identify and distinguish goods from those manufactured or sold by others. The key phrase is to identify and distinguish. When you’re registering a trademark, you’re not claiming every use of a word.... - Published: 2025-11-10 - Modified: 2025-10-02 - URL: https://keenerlegal.com/is-there-a-presumption-of-unity-of-control-in-trademark-law/ - Categories: Trademarks 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 to trademark law, the U. S. Patent and Trademark Office (USPTO) doesn’t always treat them as one. This raises an important question: is there a presumption of unity of control in trademark law, or must it always be proven? The answer matters because “unity of control” can determine whether a trademark application survives a refusal under §2(d) of the Lanham Act (likelihood of confusion). If an applicant cannot show that related companies operate as a single source, the USPTO may reject the application. Let’s examine what unity of control really means, whether it can be presumed, and how businesses can prove it. What Does Unity of Control Mean? Unity of control refers to the situation where two or more related companies function as a single source for trademark purposes. In practice, this means: One entity exercises authority over how the mark is used. There is centralized oversight of brand management, quality control, and enforcement. Customers reasonably perceive the trademarks as coming from the same source. Why is this important? The USPTO frequently issues §2(d) refusals when it believes consumers might confuse two marks. But if an applicant can show that related entities share unity of control, the USPTO may treat them as one entity—eliminating the confusion concern. Unity of control typically arises in contexts such as: Subsidiaries and parent corporations using related marks. Sister corporations... - Published: 2025-10-13 - Modified: 2025-09-17 - URL: https://keenerlegal.com/how-do-you-prove-unity-of-control-between-related-companies/ - Categories: Intellectual Property 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 the same umbrella brand. But when it comes to trademark law, the United States Patent and Trademark Office (USPTO) doesn’t simply assume that related businesses operate as one. To overcome certain trademark refusals—especially when the USPTO believes there may be a likelihood of confusion between marks—companies sometimes rely on a legal doctrine known as unity of control. Proving unity of control allows related entities to be treated as a single source, ensuring that their trademarks are not rejected simply because two technically separate businesses use them. So, how do you prove unity of control between related companies? Let’s break it down step by step. What Is Unity of Control in Trademark Law? At its core, unity of control means that two or more related companies function as one entity when it comes to trademarks. The USPTO recognizes unity of control when: One entity has the clear authority to control the nature and quality of goods or services offered under the trademark. There is centralized decision-making for brand management, enforcement, and licensing. Customers perceive the marks as coming from a single source, even if multiple corporate entities are involved. It’s important to understand that common ownership does not automatically equal unity of control. Just because two companies are owned by the same parent does not prove that one actually controls the trademark use... - Published: 2025-09-15 - Modified: 2025-08-08 - URL: https://keenerlegal.com/do-you-control-the-entity-behind-the-trademark/ - Categories: Trademarks 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 of the marks—it may come down to whether you can prove that you control the entity that owns the conflicting trademark. In trademark law, this concept is known as unity of control. If you're dealing with multiple entities—subsidiaries, parent companies, or affiliates—understanding how to establish unity of control is crucial to moving your application forward. Why Entity Control Matters in Trademark Law Trademark refusals under Section 2(d) of the Lanham Act occur when the USPTO believes consumers may confuse your mark with an already registered one. This includes: Similar names, logos, or designs Overlapping goods or services Related commercial impressions But what if the conflicting mark is owned by a company you also control? In these cases, the real question becomes: Are these two entities acting as one source in the eyes of the consumer? If so, and you can prove it, the refusal may be lifted. What It Means to Control the Entity To “control the entity” means more than having influence—it involves legal and operational authority over how the other business functions, especially regarding its trademarks. Common Signs of Entity Control: You own most or all of the other company’s stock You approve or direct branding and trademark usage You have decision-making authority across both businesses You handle day-to-day operations or management The USPTO isn’t interested in casual connections—it wants proof that... - Published: 2025-08-11 - Modified: 2025-07-15 - URL: https://keenerlegal.com/who-controls-the-trademark/ - Categories: Trademarks 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 of control—plays a critical role in avoiding rejections under §2(d) of the Trademark Act. For businesses with complex ownership structures, multiple subsidiaries, or shared ventures, proving who controls the trademark can make the difference between a smooth registration and a costly refusal. What Does “Controls the Trademark” Mean? When we talk about who controls the trademark, we’re really talking about more than just who owns it on paper. The USPTO and the Trademark Trial and Appeal Board (TTAB) look closely at who actually directs the selection, adoption, and use of the trademark. In simpler terms, they want to know: Who decides what the mark looks like? Who actively manages and maintains consistent use of the mark? Who oversees the quality of goods or services associated with it? These are fundamental because trademark law’s entire purpose is to prevent consumer confusion. If two related companies are both using similar trademarks, but they’re under the same controlling hand, the law views them as essentially a single source—eliminating confusion. Unity of Control: The Key Concept What is Unity of Control? Unity of control is a legal concept that treats separate companies as one source because one entity effectively controls the trademark-related activities of the other. This is common in situations like: A parent company that owns nearly all shares of a subsidiary. Related companies with... - Published: 2025-07-14 - Modified: 2025-06-06 - URL: https://keenerlegal.com/what-is-unity-of-control-in-trademark-law/ - Categories: Trademarks If you’re building a business and thinking about trademarks, you’ve probably come across terms that sound a little intimidating. One of those is unity of control. But don’t worry—it’s not as complex as it sounds. Unity of control is just a fancy way of saying that if one person or company owns two related brands, the trademark office will usually treat them as coming from the same source. That can make things a lot easier when registering trademarks and avoiding conflicts. In this post, we’ll break down what unity of control means, when it applies, and why it matters for businesses that are growing or branching out. What Does “Unity of Control” Mean? The Simple Version Unity of control is a concept used by the United States Patent and Trademark Office (USPTO) during the trademark application process. It basically means that if two business names or trademarks are owned and operated under the same umbrella—like the same person or company—then the USPTO assumes there’s no risk of confusing customers, because it all comes from one source. Why It Matters One of the biggest concerns the USPTO has when evaluating trademarks is whether two similar marks might confuse customers. If customers think one brand is connected to another when it’s not, that’s a problem. But if the same person or company owns both trademarks, then there’s no real confusion—it’s all in the family, so to speak. That’s why unity of control is important. It shows the USPTO that even though two... - Published: 2025-06-16 - Modified: 2025-05-19 - URL: https://keenerlegal.com/can-multiple-entities-legally-own-the-same-trademark/ - Categories: Trademarks In today’s collaborative business world, joint ventures, licensing deals, and corporate groups often share responsibility for managing or using the same brand name. But from a legal perspective, can multiple entities legally own the same trademark? The short answer is: yes, under specific conditions. "U. S. trademark law, governed by the Lanham Act, requires that a trademark clearly identify a single source of goods or services. "The 'single source' standard ensures consumers aren’t confused about who stands behind the brand—even when multiple businesses are involved. Let’s explore when shared trademark ownership is legal, how the USPTO evaluates it, and how to avoid a Section 2(d) refusal. Understanding Trademark Ownership A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services. Trademarks build brand recognition and consumer trust. That’s why trademark ownership is strictly regulated to ensure a single source maintains the brand’s quality and reputation. Under Section 2(d) of the Lanham Act, the U. S. Patent and Trademark Office (USPTO) may refuse a registration if the mark is confusingly similar to one already registered for related goods or services. This refusal aims to prevent consumer confusion and protect the public from assuming two similar marks originate from the same source when they do not. What Does “Single Source” Mean in Trademark Law? Even if multiple companies use a mark, they must function as one “single source” in the eyes of the law. This doesn’t mean just sharing profits or cooperating casually—it means... - Published: 2025-05-12 - Modified: 2025-04-10 - URL: https://keenerlegal.com/what-does-likelihood-of-confusion-really-mean/ - Categories: Trademarks When you're building a brand, trademark protection is one of the smartest legal investments you can make. It helps ensure that your logo, slogan, or product name remains uniquely yours—and keeps your customers from accidentally mistaking your brand for someone else’s. But there's a common roadblock many businesses encounter when applying for a trademark: “likelihood of confusion. ” This legal concept is central to U. S. trademark law and one of the primary reasons the United States Patent and Trademark Office (USPTO) refuses to register new trademarks. But what exactly does “likelihood of confusion” mean? And how can you avoid it? Let’s unpack this important piece of trademark law and explore how it applies to business owners, especially those navigating multiple brands, related companies, or expanding into new markets. What Is “Likelihood of Confusion”? At its core, likelihood of confusion refers to the possibility that consumers might believe two products or services come from the same source—even if they don't. It doesn’t require two trademarks to be identical. In fact, many cases involve marks that only sound alike, look similar, or convey a comparable meaning. The standard exists to protect consumers, not just businesses. It helps people make informed choices by preventing confusion caused by deceptively similar brands. If a customer buys a product thinking it came from one company when it really came from another, that’s a problem. The law prevents that confusion by restricting how closely trademarks can resemble each other in the marketplace. Section 2(d) of the... - Published: 2025-04-14 - Modified: 2025-03-07 - URL: https://keenerlegal.com/trademarking-u-s-government-agency-names-rules-and-risks/ - Categories: Uncategorized Trademarking is essential for protecting your brand, but using names or acronyms related to U. S. government agencies requires careful consideration. Here's what you need to know. Understanding Trademark Basics A trademark identifies your brand and distinguishes your products or services from competitors. However, trademarks can face refusal if they falsely imply a connection with entities such as U. S. government agencies. Ensuring your trademark complies with the rules protects your brand and avoids costly legal issues. Using U. S. Government Agency Names and Acronyms Businesses might consider using government-related names, acronyms, or symbols in trademarks for familiarity or credibility. Common examples include agency names like NASA, EPA, or FBI. However, using such names without proper authorization may falsely imply affiliation, leading to refusal. Risks and Legal Issues Under §2(a) Section 2(a) of the Trademark Act prohibits trademarks that falsely suggest a connection to U. S. government agencies. If an examining attorney suspects false association, they will investigate ownership and authorization. Unauthorized trademarks face refusal and potential legal complications. Ownership and Authorization Concerns Applicants must demonstrate legitimate affiliation or explicit authorization when trademarking government-related terms. Without clear proof, trademarks will likely be refused under §§1 and 45 due to lack of ownership or legal authority. Limitations of Using Disclaimers Trademark disclaimers (statements clarifying no ownership claim over a specific term) usually don’t resolve issues related to government agency names. Disclaiming terms like agency acronyms generally fails to prevent refusals under §2(a). Practical Guidance for Applicants To avoid trademark refusals: Conduct... - Published: 2025-03-17 - Modified: 2025-02-10 - URL: https://keenerlegal.com/does-manufacturing-location-affect-your-trademark-application/ - Categories: Trademarks - Tags: Manufacturing Trademarks play a crucial role in protecting brand identity, ensuring businesses have exclusive rights to their names, logos, and slogans. However, manufacturing goods in a different country than the trademark applicant’s residence can raise questions during the trademark application process. While the U. S. Patent and Trademark Office (USPTO) typically does not challenge manufacturing location, inconsistencies in documentation—such as conflicting ownership claims—can lead to refusals. Understanding how manufacturing location interacts with the trademark application can help businesses avoid complications and successfully secure their brand rights. Understanding Trademark Ownership and Manufacturing Location Owning a trademark in the U. S. gives a business exclusive rights to its brand name, logo, or slogan. But does that mean you have to manufacture your own products? No! Trademark ownership depends on use in commerce, not on where or how the product is made. Common Misconception: The Manufacturer Owns the Trademark Many people assume that the company physically making the product is the one that owns the trademark. That’s not necessarily true. A business can own a trademark even if: The goods are made by a third-party manufacturer. The company controls branding and sales. The product is marketed and distributed under the company’s name. Who Really Owns the Trademark? The key factor is who controls the brand. If your business is responsible for selling the product under your trademark, you’re the rightful owner—regardless of where it was made. By keeping clear ownership records and ensuring consistency in trademark applications, businesses can avoid legal complications and maintain... - Published: 2025-02-10 - Modified: 2025-01-06 - URL: https://keenerlegal.com/why-startups-should-prioritize-intellectual-property-protection/ - Categories: Intellectual Property - Tags: Startup Business For many entrepreneurs, the excitement of launching a new business often overshadows the critical need for protecting their innovative ideas. However, overlooking intellectual property (IP) can lead to costly legal battles, loss of competitive advantage, and even the collapse of a promising venture. Startups operate in a fast-paced environment where innovation and unique value propositions are key to survival. Yet, this same environment makes them prime targets for copycats, counterfeiters, and larger competitors with better resources. Without a solid IP strategy, startups risk losing the very assets that differentiate them from the competition. Proactively securing intellectual property is not just a defensive move—it’s a strategic one. By prioritizing IP protection from the outset, startups can safeguard their ideas, attract investors, and position themselves for sustainable growth. Let’s explore why this should be a cornerstone of every startup’s business strategy. The Value of Intellectual Property for Startups What is Intellectual Property? Intellectual property (IP) refers to the intangible creations of the mind that hold commercial value. These include: Patents: Exclusive rights granted for inventions, such as new products, processes, or technologies. Trademarks: Protection for brand elements like logos, names, and slogans that distinguish a business. Copyrights: Rights that safeguard original creative works, such as music, literature, and software code. Trade Secrets: Confidential business information, like formulas or processes, that gives a company a competitive edge. For startups, IP forms the foundation of innovation, safeguarding their unique ideas and ensuring they maintain control over their creative assets. How IP Drives Startup Success... - Published: 2025-01-13 - Modified: 2024-12-09 - URL: https://keenerlegal.com/common-mistakes-to-avoid-when-filing-for-a-trademark/ - Categories: Trademarks - Tags: Trademark Mistakes Trademarks protect your brand's identity by making your business name, logo, and products uniquely recognizable in the marketplace. A registered trademark provides legal protection against unauthorized use, allowing you to build and maintain a strong, trustworthy brand. However, filing for a trademark is a complex process, and even small mistakes can lead to costly delays or rejections. At Keener Legal, we help business professionals, creators, and inventors navigate the trademark process with ease. In this blog, we’ll highlight common mistakes people make when filing for a trademark and how our experienced team can help you avoid these pitfalls to secure your intellectual property successfully. 1. Failing to Conduct a Comprehensive Trademark Search What is a Trademark Search? A trademark search is a crucial step in the trademark application process that involves checking the USPTO database and other relevant sources to see if any existing trademarks are similar to the one you want to register. This search helps identify any potential conflicts with trademarks that may already be in use, allowing you to assess the likelihood of success before you submit your application. Consequences of Skipping a Search Skipping a thorough trademark search can lead to serious consequences. Without one, you may unknowingly apply for a trademark that is already in use, risking rejection from the USPTO. A rejected application means wasting valuable time and money, and you may also face legal disputes or challenges from the owner of the existing trademark, potentially leading to costly litigation and damage to your... - Published: 2024-12-16 - Modified: 2024-11-14 - URL: https://keenerlegal.com/why-is-trademark-monitoring-important-for-protecting-your-brand/ - Categories: Trademarks - Tags: Trademark Monitoring Trademark monitoring, a key component of intellectual property management, involves regularly checking for unauthorized use of a brand’s name, logo, or other identifying marks. This proactive approach helps businesses identify and address potential infringements before they escalate into more significant issues. While many business owners recognize the value of securing a trademark, they may underestimate the importance of ongoing monitoring to protect that investment fully. Without regular oversight, a brand becomes vulnerable to misuse by competitors, counterfeits, or other third parties, which can dilute brand identity and erode consumer trust. By investing in trademark monitoring, businesses can safeguard their brand reputation, maintain their market share, and prevent costly legal battles down the line. What is Trademark Monitoring? Trademark monitoring is a proactive process that involves consistently tracking a brand’s name, logo, slogan, and other identifying marks to detect any unauthorized or infringing use by other entities. In simple terms, it’s a way for businesses to keep a watchful eye on their intellectual property, ensuring that no one else is using similar marks that could confuse consumers or dilute the brand’s identity. Unlike trademark registration, which is a one-time task, trademark monitoring is an ongoing process. It requires regularly checking various sources, including online platforms, social media, industry publications, and even international markets, to catch potential infringements as early as possible. This continuous vigilance helps businesses maintain exclusive rights to their brand identity, protecting them from possible infringements and preserving their brand’s strength over time. Why is Trademark Monitoring Essential for... - Published: 2024-11-11 - Modified: 2025-05-29 - URL: https://keenerlegal.com/from-logos-to-slogans-what-you-can-and-cant-trademark/ - Categories: Trademarks Ever wondered if your business slogan or logo can be trademarked? Knowing the rules could save you from costly rebranding down the road. Brand identity is everything. It’s how customers recognize and differentiate your business from others. One of the most effective ways to protect your brand’s identity is through a trademark. A trademark protects your brand’s unique elements—logos, names, and slogans—preventing unauthorized use or confusion with other brands. What can be trademarked, and what can't? This blog explores what qualifies for trademark protection and what doesn't. By understanding these criteria, business owners can better position themselves to secure and defend their brand assets effectively. What is a Trademark? A trademark protects brand elements—logos, names, and slogans—by legally setting them apart from others. Essentially, a trademark serves as a business’s signature—something that represents its identity and value to customers. Trademarks go beyond just logos and business names. They can also include product names, symbols, taglines, and even unique packaging designs. For instance, iconic trademarks like the Apple logo, the Nike “Swoosh,” and Coca-Cola’s distinctive script font are easily recognizable around the world. These elements are key to brand recognition and serve as the first connection between a business and its customers. Why Trademarks Matter Trademarks provide several essential legal protections for business owners: Exclusive Rights: Once registered, a trademark gives you exclusive rights to use the mark in relation to specific goods or services. This means other businesses cannot legally use your trademark or anything too similar, providing a strong... - Published: 2024-10-14 - Modified: 2024-09-12 - URL: https://keenerlegal.com/what-types-of-intellectual-property-can-i-protect/ - Categories: Intellectual Property Intellectual property includes creations like inventions, literary and artistic works, designs, symbols, names, and images used in commerce. These intangible assets are vital for fostering innovation and creativity, offering protection to creators and businesses by granting exclusive rights to use, produce, or sell their ideas and products. Protecting IP is crucial for both individuals and businesses. For creators, it safeguards their ideas from unauthorized use and lets them benefit financially from their innovations. For businesses, it helps maintain a competitive edge, build brand identity, and prevent others from profiting from their proprietary knowledge. There are four main types of intellectual property: patents, trademarks, copyrights, and trade secrets. Each type serves a unique purpose in safeguarding different aspects of intellectual creations and offers distinct legal protections. Understanding these types can help you make informed decisions about how to protect your intellectual assets effectively. Patents Patents grant legal protection to inventors for their novel inventions or discoveries. The purpose of a patent is to provide exclusive rights to the inventor, allowing them to prevent others from making, using, selling, or distributing their invention without permission. This exclusivity encourages innovation by ensuring that inventors can benefit from their creations, and it provides a legal mechanism for resolving disputes over new technologies. According to the World Intellectual Property Organization (WIPO), there were approximately 3. 4 million patent applications filed globally in 2022. This figure highlights the widespread use of patents to protect a vast array of innovations and technologies. Types of Patents: Utility Patents:... - Published: 2024-09-16 - Modified: 2024-08-09 - URL: https://keenerlegal.com/the-advantages-of-having-a-patent-attorney-on-your-side/ - Categories: Patents - Tags: Attorney Protecting your intellectual property is a critical step in ensuring that your innovative ideas and inventions remain yours. Navigating the complexities of patent law can be daunting, and the stakes are high when it comes to safeguarding your intellectual assets. This is where a patent attorney becomes invaluable. In this blog, we’ll explore the many advantages of having a patent attorney on your side and why their expertise is essential for successfully securing and defending your patent. Understanding the Complexity of Patent Law Patent law involves complex legal requirements, technical jargon, and specific procedures that demand meticulous attention. The process involves various stages, from the initial application to defending your patent rights in the event of a dispute. Without a thorough understanding of these legalities, inventors can easily find themselves overwhelmed. Common Challenges in the Patent Process The patent process is fraught with challenges, including the risk of application rejection due to improper filings or incomplete documentation. Additionally, navigating the complexities of prior art, which refers to existing patents or publications that could affect your patent’s validity, can be particularly tricky. A patent attorney guides you through these challenges, helping you meet all legal requirements and maximizing your chances of approval. Expertise in Drafting and Filing Patent Applications The Importance of Accurate Patent Applications The patent application process is not just about describing your invention; it’s about doing so in a way that meets the stringent requirements set by patent offices. A poorly drafted application can result in a rejection,... - Published: 2024-08-12 - Modified: 2024-07-10 - URL: https://keenerlegal.com/what-is-a-patent-and-why-do-you-need-one/ - Categories: Patents Protecting your unique ideas and inventions is crucial. Patents play a significant role in safeguarding these creations, providing inventors with the necessary protection to benefit from their hard work. But what exactly is a patent, and why do you need one? This blog will delve into the fundamentals of patents, their importance, and how you can secure one to protect your valuable inventions. What is a Patent? A patent is a form of intellectual property (IP) that grants inventors exclusive rights to their inventions. These rights prevent others from making, using, selling, or distributing the patented invention without permission. Patents encourage innovation by giving inventors a temporary monopoly, enabling them to capitalize on their creations. Types of Patents Utility Patents: Protect new and useful inventions or discoveries, including processes, machines, and compositions of matter. Design Patents: Protect the ornamental design of a functional item, safeguarding the product's visual appearance. Plant Patents: Protect new varieties of plants that have been asexually reproduced, ensuring the uniqueness of the plant variety. Why Do You Need a Patent? 1. Protection of Intellectual Property Patents are essential for protecting your intellectual property. By securing a patent, you gain legal rights to your invention, preventing others from copying or profiting from your idea without authorization. This protection is vital in maintaining the originality and value of your creation. 2. Exclusive Rights One of the primary benefits is the exclusive rights it grants to the inventor. These rights enable you to control how your invention is used,... - Published: 2024-07-15 - Modified: 2024-06-10 - URL: https://keenerlegal.com/whats-the-difference-between-patents-trademarks-copyrights/ - Categories: Services - Tags: Copyrights, Patents, trademarks Protecting your intellectual property (IP) is more crucial than ever. Whether you're an inventor, a business owner, or a creative artist, understanding the nuances of intellectual property rights can safeguard your creations and brand. But what exactly are patents, trademarks, and copyrights, and how do they differ? This blog will dive into the distinctions between these three vital forms of IP protection, ensuring you know how to protect your valuable assets effectively. What is a Patent? A patent protects inventors by giving them exclusive rights to their inventions. The primary purpose of a patent is to encourage innovation by giving inventors a temporary monopoly on their creations, allowing them to reap financial benefits from their work. Types of Patents Utility Patents: Protect new and useful inventions or discoveries, such as machines, processes, or compositions of matter. Design Patents: Protect the ornamental design of a functional item, safeguarding the product's visual appearance. Plant Patents: Protect new asexually reproduced plant varieties. Process of Obtaining a Patent Conduct a patent search to ensure your invention is unique. Prepare and file a patent application with the United States Patent and Trademark Office (USPTO). Undergo an examination process by a USPTO examiner. Address any objections or rejections. Once approved, pay the issuance fee and receive your patent. Duration and Maintenance Duration: Utility patents last for 20 years from the filing date, while design patents last for 15 years from the date of grant. Maintenance: Periodic maintenance fees are required to keep the patent in force.... - Published: 2024-06-10 - Modified: 2024-05-07 - URL: https://keenerlegal.com/how-do-i-navigate-manufacturing-goods-internationally-as-a-non-resident/ - Categories: Manufacturing Goods In the vast expanse of global commerce, the notion of manufacturing goods internationally has transcended mere trends to become an indispensable facet of business strategy. However, for non-residents aiming to venture into this realm, the journey is rife with complexities and intricacies that demand astute navigation. This comprehensive guide aims to illuminate the path for non-residents seeking to embark on international manufacturing ventures, offering nuanced insights, strategic approaches, and actionable advice to navigate this dynamic landscape with confidence and success. Grasping the Legal Landscape of International Manufacturing Embarking on international manufacturing endeavors mandates a thorough understanding of the legal framework governing such activities. From trade agreements to intellectual property laws, a labyrinth of regulations dictates the contours of cross-border manufacturing operations. By delving into these legal intricacies, non-residents can fortify their endeavors with compliance, resilience, and legal astuteness. Deciphering Trade Agreements and Tariffs International trade agreements and tariffs wield formidable influence over the viability and profitability of manufacturing ventures conducted across borders. Non-residents must meticulously decipher the intricacies of these agreements and tariffs, discerning their implications on manufacturing costs, market costs, market access, and competitive positioning. By aligning their strategies with prevailing trade dynamics, non-residents can navigate international trade barriers adeptly and capitalize on emerging opportunities. Safeguarding Intellectual Property Assets Protecting intellectual property assets assumes paramount importance in the landscape of international manufacturing. From trademarks to patents, non-residents must adopt robust strategies to safeguard their intellectual property rights across diverse jurisdictions. By leveraging legal mechanisms, such as trademark registration and... - Published: 2024-05-17 - Modified: 2024-04-05 - URL: https://keenerlegal.com/when-does-a-distributor-gain-ownership-of-a-manufacturers-mark/ - Categories: Trademarks - Tags: Distributor In the dynamic world of commerce, trademarks serve as indispensable assets, effectively distinguishing one company’s goods or services from those of its competitors. These marks, whether in the form of logos, symbols, or words, encapsulate a business’s identity and reputation. However, navigating the realm of trademark ownership can be intricate, particularly in scenarios involving distributors and manufacturers. In this comprehensive exploration, we’ll delve into the nuances of when a distributor truly acquires ownership of a manufacturer’s mark and the intricate legal framework that governs this process. The Basics of Trademark Ownership Before delving into the complexities surrounding distributorship and trademark ownership, it’s essential to grasp the fundamental concept of trademark ownership itself. At its core, a trademark is any recognizable symbol, word, or design that serves its identity and differentiates the goods or services of one entity from another. Acquiring trademark rights is paramount for businesses, as it grants exclusive rights to use the mark in commerce and safeguards it against infringement. This ownership not only fosters brand recognition but also instills consumer confidence, making it a cornerstone of business success. Dispelling Common Misconceptions about Distributors and Trademark A prevalent misconception in the realm of trademarks is the notion that merely distributing goods bearing a manufacturer’s mark automatically confers ownership of that mark upon the distributor. However, legal precedents such as In re Bee Pollen from Eng. Ltd. and Audioson Vetriebs - GmbH v. Kirksaeter Audiosonics, Inc. have decisively debunked this fallacy. Simply engaging in trade activities does not, in... - Published: 2024-04-08 - Modified: 2024-03-11 - URL: https://keenerlegal.com/how-can-i-assert-ownership-of-a-trademark/ - Categories: Trademarks - Tags: trademarks At Keener Legal, we recognize the paramount importance of establishing ownership of a trademark to safeguard your brand identity and intellectual property. One of the most common inquiries we receive from our valued clients is, "How can I assert ownership of a trademark? " In this comprehensive guide, we will delve into the intricacies of trademark ownership, offering in-depth insights into the multifaceted process of claiming ownership of a mark and the diverse methods available to secure exclusive rights to your trademark. Understanding Ownership Claims Asserting ownership of a trademark is not merely a legal formality but a foundational step in protecting your brand and preserving its integrity in the marketplace. Trademark law provides individuals and businesses with various avenues to establish ownership rights over their marks, ensuring they have the exclusive authority to control the use of their brand identities. Whether you are a burgeoning startup launching a new brand or an established enterprise seeking to protect your existing trademarks, comprehending the nuances of ownership claims is crucial for safeguarding your brand's reputation and value. Basis of Ownership The cornerstone of asserting ownership of a trademark lies in establishing a valid basis for ownership. Under trademark law, an applicant can claim ownership of a mark based on their own use of the mark in commerce, irrespective of any concurrent use by related entities. This principle underscores the importance of demonstrating bona fide and continuous use of the mark in connection with the applicant's goods or services. By showcasing consistent... - Published: 2024-03-11 - Modified: 2024-02-22 - URL: https://keenerlegal.com/what-are-the-rules-for-using-people-in-trademark-specimens-without-granting-ownership/ - Categories: Trademarks - Tags: Trademark Specimen As experts in intellectual property law, we at Keener Legal understand the importance of trademarks in establishing brand identity and protecting valuable assets. One strategy that businesses often employ to enhance their branding efforts is incorporating individuals into trademark specimens, particularly concerning ownership rights. In this guide, we’ll explore the rules, guidelines, and best practices for utilizing individuals in trademark specimens without conferring ownership. Understanding Trademark Specimens Trademark specimens serve as tangible evidence of how a trademark is used in commerce to identify goods or services. These specimens play a crucial role in the trademark registration process, providing proof of the mark’s usage in the marketplace. Whether it’s product labels, packaging, advertising materials, or website screenshots, the key requirement is that the specimen accurately depicts the mark as it is used in connection with the goods or services for which registration is sought. The Role of Individuals in Trademark Specimens Incorporating individuals into trademark specimens can enhance brand visibility and resonate with consumers on a personal level. Whether it’s through celebrity endorsements, user testimonials, or product demonstrations, the presence of individuals can add authenticity and relatability to a brand’s identity. By showcasing real people interacting with the product or service, businesses can create emotional connections and foster trust among consumers. However, it’s crucial to note that featuring individuals in trademark specimens does not automatically confer ownership rights over the trademark. Clarifying Ownership Misconceptions A common misconception is that featuring individuals in trademark specimens automatically grants them ownership rights over the... - Published: 2024-03-04 - Modified: 2024-03-04 - URL: https://keenerlegal.com/patexia-ranks-kevin-keener-and-keener-and-associates-among-the-best-performing-patent-litigators-in-the-country/ - Categories: Awards In Patexia’s Fourth annual patent litigation report, both Kevin Keener and Keener and Associates, P. C. were each recognized for their work as one of the Top 100 Best Performing attorneys and firms in the country for patent litigation in their representation of patent owners. Patexia’s Patent Litigation Report ranks the top 100 best performing attorneys and law firms representing clients in patent litigation cases spanning from July 1, 2018 to June 30, 2023. The report analyzes 18,191 patent cases, 17,285 unique patents, 3,309 law firms, and 15,808 individual attorneys. Keener and Associates, P. C. was recognized as being #91 out of 3,309 law firms as Best Performing for its work on behalf of patent owners against patent infringers in federal court. Kevin Keener was personally recognized as #52 out of over 15,808 individual attorneys as Best Performing Attorney for his work on enforcing patent owners’ rights against infringers. The 2024 Patent Litigation Intelligence Report presents a thorough analysis of district court patent litigation cases filed between July 1, 2018, and June 30, 2023. This comprehensive report delves into detailed statistics, capturing annual and monthly filing trends, highlighting monthly filing averages, and providing insights into the number of patents involved in these cases. It also examines the most populardistrict courts and states for patent litigation, as well as sheds light on the status of terminated cases, conducting a thorough analysis of judgment conclusions. Additionally, the report explores the duration of cases and identifies the most litigated technologies based on IPC... - Published: 2024-02-12 - Modified: 2024-01-11 - URL: https://keenerlegal.com/do-companies-with-licenses-or-franchisees-share-a-trademark/ - Categories: Trademarks - Tags: trademarks In the world of business, companies often seek to expand their reach and market presence through various means, including licensing and franchising agreements. These arrangements allow other entities to use their trademarks, but they also raise a crucial question: Do companies with licenses or franchisees share a trademark? To shed light on this topic, we'll delve into the legal aspects, explore relevant cases, and provide insights into trademark ownership in licensing and franchising agreements. Whether you're a business owner considering such arrangements or someone seeking clarity on this issue, this blog aims to demystify the complexities surrounding trademark sharing in the corporate world. Understanding Trademarks and Ownership Before we explore the dynamics of trademark sharing, it's essential to grasp the fundamentals of trademarks and how ownership is determined. Trademarks Defined A trademark is a distinctive symbol, word, phrase, or logo used to identify and distinguish products or services in the marketplace. It serves as a valuable asset, helping consumers recognize the source and quality of goods or services. Ownership Principles Traditionally, trademark ownership is granted to the entity that used the mark in commerce. However, when it comes to licensing and franchising agreements, the landscape becomes more intricate. Licensing Agreements: Ownership Through Control Licensing agreements are common in the business world. They grant another party (the licensee) the right to use a trademark owner by the licensor. But does this mean the licensee shared ownership of the trademark? The Role of Control According to legal precedents, ownership rights can be... - Published: 2024-01-08 - Modified: 2023-12-28 - URL: https://keenerlegal.com/are-sister-companies-considered-related/ - Categories: Sister Companies - Tags: sister companies In the intricate world of corporate entities and legal definitions, the term "sister companies" often surfaces, leaving many to ponder the question: Are sister companies considered related? The answer lies within the labyrinthine world of corporate law, and in this comprehensive blog post, we aim to provide a deep dive into the legal definition, exploring the factors that determine their relatedness. Whether you're a business owner, an investor, or someone in search of legal clarity, understanding the intricacies of sister companies is of paramount importance. Join us on this journey as we unravel the complexities surrounding sister companies, all the while utilizing legal precedents to illuminate the path. Understanding Sister Companies Before we dive into the intricacies of the law, it's imperative to establish a clear understanding of what sister companies are. Sister companies are corporate entities that share a common parent corporation, but they function as separate, distinct entities. Despite the shared parentage, these companies often operate with autonomy, possessing independent management structures, business operations, and sometimes even divergent brand identities. What Sets Sister Companies Apart? One critical distinguishing factor between sister companies and subsidiaries is that sister companies share a common parent corporation without one being a direct subsidiary of the other. This distinction is at the heart of determining whether sister companies are legally considered related. Legal Framework: The Pivotal Role of Control The crux of the legal definition of relatedness among sister companies lies in the concept of control. As the provided information stipulates, “ the... - Published: 2023-12-04 - Modified: 2023-11-30 - URL: https://keenerlegal.com/can-an-individual-corporation-own-a-trademark-filed-by-a-wholly-company/ - Categories: Trademarks - Tags: trademarks, wholly company In the intricate landscape of intellectual property (IP), understanding the nuances of trademark ownership with corporate structures is crucial. This topic gains complexity when addressing parent companies and their subsidiaries. Herein, we explore the depth of trademark fillings, the regulatory standards set by the United States Patent and Trademark Office (USPTO), and the critical strategic considerations for corporations aiming to safeguard their intellectual assets effectively. Trademarks: The Bedrock of Corporate Identity Trademarks, representing a company's identity, products, and services, are fundamental to a firm's strategic positioning. In the digital age, where brand visibility transcends borders, trademarks constitute a significant part of a company's value. They encapsulate the essence of a brand's public perception and are pivotal in legal frameworks, protecting companies against unauthorized usage that can dilute brand equity and market standing. Complexities in Corporate Structures: The Parent-Subsidiary Relationship Modern corporate structures often involve a web of relationships between parent companies and their subsidiaries, each potentially operating under different trademarks. These relationships, while beneficial for operational flexibility and financial organization, bring complexities to trademark ownership. Grasping parent-subsidiary dynamics is crucial due to their significant influence on management and legality. Analyzing Trademark Filing: Strategic Implications for Corporations The process of filing is a strategic exercise with enduring implications. The decision of whether a parent or subsidiary company should file for a trademark isn't merely a matter of legal formality; it's a strategic decision impacting brand management, legal protection, and market strategy. The USPTO, which oversees trademark registrations, requires clarity on the... - Published: 2023-11-06 - Modified: 2023-10-27 - URL: https://keenerlegal.com/are-companies-with-identical-stockholders-considered-related-companies/ - Categories: Related Companies - Tags: Related Companies In the intricate world of corporate structures and intellectual property rights, defining the boundaries of what constitutes "related companies" is crucial, especially in scenarios where companies share common stockholders. This determination isn't merely academic; it holds substantial implications for trademark applications, rights management, and broader legal strategies. This comprehensive discussion delves deeper into the legal interpretations, authoritative rulings, and strategic considerations surrounding the concept of "related companies" in the context of trademark law. Unraveling the Legal Nuances of "Related Companies" The designation of "related companies" has profound significance in trademark law, a realm where the nuances of corporate relationships directly impact the ownership, application, and management of trademarks. However, the legal framework governing what precisely constitutes "related companies" is complex. Section 5 of the Trademark Act doesn't recognize companies as "related" solely based on shared stockholders, directors, or officers, or even the shared occupation of premises. This principle is firmly supported by cases such as Great Seats, Ltd. v. Great Seats, Inc. , and In re Raven Marine, Inc. These cases, adjudicated by the Trademark Trial and Appeal Board (TTAB), underscored that similarities in corporate leadership or physical location were insufficient grounds to classify companies as related. The Paramountcy of Control in Determining Relatedness The landscape becomes particularly intricate when the scenario involves an individual applicant who doesn't exclusively own the corporation that's using the trademark in question. Here, the crux of determining whether the corporation qualifies as a "related company" pivots on the degree of control the applicant exerts... - Published: 2023-10-09 - Modified: 2023-09-29 - URL: https://keenerlegal.com/can-a-trademark-be-used-by-related-companies/ - Categories: Trademarks - Tags: Related Companies, trademarks In the fast-paced business world, trademarks play a pivotal role in distinguishing companies' products or services. They are valuable assets that bestow recognition and brand value upon businesses. However, when multiple companies share common ownership or control, it raises questions about whether these related entities can collectively use a trademark. In this blog, we will explore trademark use by related companies, including legal implications, benefits, and considerations. Let's explore how related companies leverage trademarks to create a unified brand identity while safeguarding their intellectual property. Understanding Related-Company Use of Trademarks When discussing related-company use of trademarks, it's essential to highlight the support provided under Section 5 of the Act. The United States Patent and Trademark Office (USPTO) allows applicants to claim use of a mark by one or more related companies, where such use inures to the benefit of the applicant. If the mark is used legitimately by related entities, it benefits the applicant without their active use of the mark. Applying for Trademarks: Related Companies and Beneficial Use The USPTO's approach to related-company use differs from standard applications that require the applicant to specify if the mark is actively used. In cases of related-company use, the applicant does not need to demonstrate their direct use of the mark. Instead, the applicant can claim use of the mark by related companies, provided it benefits the applicant. This approach recognizes that trademarks can be shared among related entities without compromising the validity of the mark. This flexibility is particularly advantageous for... - Published: 2023-09-04 - Modified: 2023-08-30 - URL: https://keenerlegal.com/understanding-related-companies-in-trademark-law/ - Categories: Trademarks - Tags: keenerblog, trademarks In intellectual property law, trademarks are powerful assets that bestow recognition and value upon businesses and their offerings. Trademark registration provides crucial protection, but what happens when multiple companies, related through ownership or control, seek to use the same mark? This is where the concept of "related companies" comes into play. In this blog, we'll explore related-company use in trademark law and its benefits for businesses and consumers. What Are Related Companies in Trademark Law? Section 45 of the Act lays out the foundation for related-company use, defining a "related company" as any person whose use of a mark the owner controls with respect to the nature and quality of goods or services associated with the mark. This definition encompasses both natural persons and juristic entities. The essence of related-company use lies in the control exercised over the nature and quality of the goods or services associated with the mark. Advantages of Related-Company Use One significant advantage of related-company use is that when related companies use a registered mark or a mark seeking registration legitimately, it benefits the registrant or the applicant for registration. This means that if two or more related companies use the same mark, it does not impact the validity of the mark or its registration, as long as the usage is not deceptive to the public. This provision provides a powerful tool for businesses operating under common ownership or control, allowing them to share a strong brand identity while protecting their individual trademarks. Consider a scenario... - Published: 2023-08-14 - Modified: 2023-07-26 - URL: https://keenerlegal.com/trademark-applications-operating-divisions-what-to-know/ - Categories: Trademarks - Tags: keenerblog, trademarks Understanding the role of operating divisions is crucial in trademark applications. While they can greatly impact a company's branding strategy, can they file trademark applications independently? In this article, we'll explore operating divisions in trademark applications, providing you with essential insights. Understanding the Limitations of Operating Divisions Operating divisions, although important for internal organizational purposes, have specific limitations when it comes to filing trademark applications. Here are the key aspects to consider: No Legal Entity Standing: An operating division that does not have the legal capacity to sue and be sued lacks the standing to file a trademark application. Application Filed in Company's Name: To register a mark, you must file the application under the company's name that includes the operating division. Use by the Applicant: The use of the mark by an operating division is considered the use by the applicant itself, rather than use by a separate related company. Permissible Reference to Related-Company Use: While not required, it is acceptable to mention the use of the mark by a related company in the application. The Role of the Operating Division within the Company: Operating divisions serve a crucial role within a company's organizational structure. Here's a closer look at their significance: Internal Divisional Structure: They are often established to streamline operations and focus on specific aspects of a company's business, such as product lines or geographical regions. Branding and Marketing: Operating divisions play a key role in implementing branding strategies and marketing efforts specific to their area of... - Published: 2023-07-03 - Modified: 2023-06-19 - URL: https://keenerlegal.com/oops-fix-a-trademark-error-guide-to-rectifying-filing-mistakes/ - Categories: Trademarks - Tags: keenerblog, trademarks Filing a trademark is a crucial step in protecting your intellectual property. However, mistakes can happen, and sometimes individuals or businesses inadvertently file trademarks under the wrong name. This leads to a trademark error. So, what can you do if you find yourself in this situation? Fortunately, there's a solution that doesn't require refiling your mark. In this article, we'll explore how you can correct a trademark error through the power of amendments. Understanding Correctable Errors Not all mistakes are irreversible. The United States Patent and Trademark Office (USPTO) allows for certain correctable errors in identifying the applicant. Here are some examples: Trade Name Set Forth as Applicant: If the applicant utilizes a trade name that is not a legal entity for identification purposes, they have the option to file an amendment to correct the mistake and provide their accurate legal name. Operating Division Identified as Applicant: Mistakenly naming an operating division, which is not a legal entity, as the owner allows for amendment of the applicant's name. Minor Clerical Errors: Minor clerical errors such as the addition or omission of "The" or "Inc. " in the applicant's name may be corrected by amendment. However, significant changes to the applicant's name are not considered minor clerical errors. Inconsistency in Original Application: If the original application shows an inconsistency between the owner name and the entity type, the applicant may amend the application to resolve the inconsistency. Non-Correctable Errors: While some mistakes are correctable, others are not. Here are examples of... - Published: 2023-06-05 - Modified: 2023-05-25 - URL: https://keenerlegal.com/application-filing-can-non-owners-submit-trademark-applications/ - Categories: Trademarks - Tags: trademarks Filing a trademark application involves important legal considerations. One common question is whether a non-owner can submit a trademark application. In this article, we will explore this topic, providing insights into the requirements and implications of trademark application filing. Ownership Requirement for Trademark Applications Firstly, it is crucial to note that the applicant must be the owner of the mark when filing a trademark application. For applications based on use in commerce, the mark's owner on the filing date must file the application. If the applicant lacks ownership rights on the filing date, the application is void. Legal cases such as Huang v. Tzu Wei Chen Food Co. , 849 F. 2d 1458, 7 USPQ2d 1335 (Fed. Cir. 1988) and Great Seats, Ltd. v. Great Seats, Inc. , 84 USPQ2d 1235, 1239 (TTAB 2007) support this requirement. They establish that an application filed by a party without ownership rights is ineligible for registration. Refusal of Registration for Non-Ownership During the examination process, if it becomes evident that the applicant is not the owner of the mark, the examining attorney will refuse registration. It is important to note that the examining attorney does not cancel the filing date or refund the application fee; instead, refusal is based on the lack of ownership rights. Intent to Use Requirement and Ownership In trademark applications, the applicant must demonstrate entitlement to use the mark in commerce on the filing date. The application must include a verified statement indicating a bona fide intention to use... - Published: 2023-05-16 - Modified: 2023-05-16 - URL: https://keenerlegal.com/unlocking-the-power-of-trademark-claims-leveraging-use-by-related-companies-for-ownership/ - Categories: Trademarks - Tags: keenerblog, trademarks In the realm of trademark law, a fundamental question often arises: Can ownership of a trademark be established through its use by related companies? Understanding the complexities of trademark ownership and the involvement of related entities is crucial in navigating this intricate legal landscape. In this article, we will explore this topic and uncover the genuine potential of trademark claims. Understanding the Foundations of Trademark Ownership Trademark ownership endows exclusive rights to utilize a specific mark in connection with goods or services. Typically, ownership is predicated on an applicant's individual use of the mark. However, there are situations where ownership can be ascribed to related companies that employ the mark, subsequently benefiting the applicant. Leveraging the Influence of Related Companies Within the context of trademark claims, related companies are entities that share a connection with the applicant, such as parent companies, subsidiaries, or entities under common control. These related companies can play a pivotal role in establishing trademark ownership under specific circumstances. Utilizing Related Company Use for Ownership Claims To assert ownership of a trademark based on its use by a related company, the applicant must demonstrate that such usage ultimately benefits them. It is crucial for the applicant to exhibit control over the nature and quality of the goods or services associated with the mark. This control establishes the appropriate party to initiate the trademark registration process. The legal case of Moreno v. Pro Boxing Supplies, Inc. , 124 USPQ2d 1028, 1036 (TTAB 2017), provides valuable insights into this... - Published: 2022-02-24 - Modified: 2022-07-21 - URL: https://keenerlegal.com/trademark-and-copyright-applications/ - Categories: Copyrights, Court Decision - Tags: keenerblog Supreme Court issues decision in H&M copyright case The Supreme Court issued a decision today saying that mistakes made in a filing of a copyright application by a copyright application lawyer do not affect the validity of the copyright. The Safe Harbor provision of the Copyright Act provides that a copyright certificate of registration is valid- “regardless of whether the certificate contains any inaccurate information, unless— “(A) the inaccurate information was included on the application for copyright registration with knowledge that it was inaccurate; and “(B) the inaccuracy of the information, if known, would have caused the Register of Copyrights to refuse registration. ” §411(b)(1) In this case, Unicolors, the owner of copyrights in various fabric designs, filed a copyright infringement action against H&M Hennes & Mauritz (H&M). A jury found in favor of Unicolors. H&M sought judgment as a matter of law, arguing that Unicolors could not maintain an infringement suit because Unicolors knowingly included inaccurate information on its registration application, rendering its copyright registration invalid. The alleged inaccuracy stemmed from Unicolors having filed a single application seeking registration for 31 separate works despite a Copyright Office regulation that provides that a single application may cover multiple works only if they were “included in the same unit of publication. ” H&M argued that Unicolors did not meet this requirement because Unicolors had initially made some of the 31 designs available for sale exclusively to certain customers, while offering the rest to the general public. The District Court determined that... - Published: 2022-02-23 - Modified: 2022-07-21 - URL: https://keenerlegal.com/trademark-application-lawyers/ - Categories: Trademarks - Tags: keenerblog Trademark Application Lawyers Protect Words? Forget About It! You can't protect every word or phrase that you want to use. Trademark Application lawyers can only protect trademarks. There is a difference. When you file an application for a trademark, the examining attorney must determine whether the subject matter for which registration is sought is used as a trademark by reviewing all evidence (e. g. , the specimen and any promotional material) of record in the application. See In re Safariland Hunting Corp. , 24 USPQ2d 1380, 1381 (TTAB 1992) (examining attorney should look primarily to the specimen to determine whether a designation would be perceived as a source indicator, but may also consider other evidence, if there is other evidence of record). Not everything that a party adopts and uses with the intent that it function as a trademark necessarily achieves this goal or is legally capable of doing so, and not everything that is recognized or associated with a party is necessarily a registrable trademark. As the Court of Customs and Patent Appeals observed in In re The Standard Oil Co. , 275 F. 2d 945, 947, 125 USPQ 227, 229 (C. C. P. A. 1960) : The Trademark Act is not an act to register words but to register trademarks. Before there can be registrability, there must be a trademark (or a service mark) and, unless words have been so used, they cannot qualify for registration. Words are not registrable merely because they do not happen to be... - Published: 2022-02-22 - Modified: 2022-02-22 - URL: https://keenerlegal.com/trademark-7540/ - Categories: Trademarks - Tags: keenerblog Can a Claim of Ownership for a Trademark be Based on Use by Related Companies? Yes. An applicant may base its claim of ownership of a trademark or a service mark on its own exclusive use of the mark, the use of the mark solely by a related company whose use inures to the applicant’s benefit, or use of the mark both by the applicant and by a related company whose use inures to the applicant’s benefit. Where the mark is used by a related company, the owner is the party who controls the nature and quality of the goods sold or services rendered under the mark. The owner is the only proper party to apply for registration.  See Moreno v. Pro Boxing Supplies, Inc. , 124 USPQ2d 1028, 1036 (TTAB 2017) (finding that a mere licensee cannot rely on licensor's use to prove priority). The examining attorney will accept the applicant’s statement regarding ownership of the mark unless it is clearly contradicted by information in the record.  In re L. A. Police Revolver & Athletic Club, Inc. , 69 USPQ2d 1630 (TTAB 2003). Please don’t hesitate to contact Keener and Associates, P. C. with any questions about trademark registration and use by related companies. - Published: 2022-02-22 - Modified: 2022-02-22 - URL: https://keenerlegal.com/judgment-entered-against-tradedress-counterfeiters-2/ - Categories: Trademarks - Tags: trade dress - Formats: Gallery Judgment Obtained Against Trade Dress Infringers The Northern District of Illinois issued a final judgment against counterfeiters of SoClean products today. Attorney Rishi Nair closed out SoClean Inc. v. Does 1-394, 21-cv-3954. The attorneys obtained a judgment from the Court against all remaining defendants in the case. The Court issued an order permanently enjoining the defendants from using the client's registered trade dress, including permanently disabling any internet stores used to sell counterfeit SoClean products. Additionally, the court ordered an entry of statutory damages against each of the defendants in the amount of $100,000. Great job to the entire team for a well run case. - Published: 2022-02-16 - Modified: 2022-07-21 - URL: https://keenerlegal.com/preliminary-injunction-entered-for-patent-infringement-22cv99/ - Categories: Patents - Tags: counterfeiters, injunction, litigation, patent Patent Infringement Lawyers Enter Preliminary Injunction For Counterfeit Takedown - The Court in ND Products, Inc. v. Does 1-359, Case No. 22-cv-00099, entered our requested order for preliminary injunction against infringers who were selling products infringing US Patent No. 10,813,792. Many online stores were frozen and infringing listings were removed, protecting our client's patent. Congratulations to the entire team! - Published: 2021-09-28 - Modified: 2021-10-01 - URL: https://keenerlegal.com/judgment-entered-against-counterfeiters/ - Categories: Trademarks - Formats: Gallery Attorneys Rishi Nair and Kevin Keener closed out Magenav Inc. v. Does 1-869, 21-cv-1123. The attorneys obtained a judgment from the Court against the remaining 322 defendants in the case. The Court issued an order permanently enjoining the defendants from using the client's Hygiene Hand trademark, including permanently disabling any internet stores used to sell counterfeit Hygiene Hand products. Additionally, the court ordered an entry of statutory damages against each of the defendants in the amount of $100,000. Great job to the entire team for a well run case. - Published: 2021-08-31 - Modified: 2021-09-24 - URL: https://keenerlegal.com/counterfeit-takedown/ - Categories: Trademarks - Formats: Gallery Attorney Rishi Nair obtained a preliminary injunction in SoClean, Inc. v. Does 1-394, NDIL Case No. 21-cv-3954.  The court issued an order that all counterfeiters' infringing web stores and financial accounts be frozen. The defendants were restrained from further infringing SoClean’s federally registered trade dress- another excellent job by Rishi. - Published: 2021-06-28 - Modified: 2021-09-24 - URL: https://keenerlegal.com/patent-application/ - Categories: Patents - Formats: Gallery Attorney Stephen Presutti successfully navigated another patent application to allowance. The USPTO had rejected claims, but Stephen was able to amend the claims to overcome the examiner’s rejections. - Published: 2021-04-05 - Modified: 2021-09-22 - URL: https://keenerlegal.com/legal-institutions/ - Categories: Patents Attorney Kevin Keener was granted a preliminary injunction against 254 counterfeiters for patent infringement. The judge issued an injunction which enjoined the seller web stores and financial accounts used in infringing our client's utility patent.   - Published: 2021-04-02 - Modified: 2021-09-03 - URL: https://keenerlegal.com/trademark-application/ - Categories: Trademarks Attorney Amanda Westfall successfully appealed a rejection of a client’s trademark application for likelihood of confusion with the TTAB. Amanda presented overwhelming evidence and withstood a blistering oral argument to get the client’s trademark allowed by the USPTO. Great job Amanda! - Published: 2019-04-24 - Modified: 2021-09-03 - URL: https://keenerlegal.com/trademark-infringement/ - Categories: Trademarks Attorneys for Keener and Associates gain a temporary restraining order freezing more than two-thousand infringing sellers from selling counterfeit items. The client was greatly relieved that we could immediately impact so many sellers infringing their trademark.