Igor Demcak

Director of Trama Legal

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About

Igor is the founder of Trama. As an experienced attorney and a technology enthusiast, he dedicated his career to bringing the 21st century to the world of law. As a start-up founder himself, he understands the priorities of the entrepreneurs his company serves.

In his free time, Igor likes running, biking and spending time with his family and friends.

Education

Pavol Jozef Šafárik University, Košice, SK

Newest articles by author

Bangladesh trademark application success

June, 20253 minutes read

Bangladesh (DPDT) trademark application success rates

Bangladesh, an emerging South Asian economy with growing global trade ambitions, is actively developing its intellectual property framework to support innovation and brand protection. While the system is still evolving, understanding the current trends in registration success is crucial for prospective applicants.

Singapore trademark application success rate

June, 20253 minutes read

Singapore (IPOS) trademark application success rates

Singapore has cultivated one of the most robust and efficient trademark systems in the world. This article provides an overview of trademark filing trends and success rates in Singapore, along with insights to help applicants improve their chances of registration success.

Malta trademark application trademark rates

June, 20253 minutes read

Malta (CD-IPRD) trademark application success rates

Malta, a strategically located island nation in the Mediterranean, offers a unique environment for intellectual property protection. In this article, we explore Malta’s trademark registration trends and success rates over the past five years, providing insights for those considering brand protection in this jurisdiction.

Saudi Arabia trademark application rates

June, 20253 minutes read

Saudi Arabia (SAIP) trademark application success rates

Saudi Arabia, a leading economy in the Middle East and a key player in the Gulf region, offers a steadily improving trademark registration system. In this article we'll provide an overview of filing trends and success rates to help applicants better understand and navigate the Saudi trademark system.

Philippines trademark application success rate

June, 20253 minutes read

Philippines (IPOPHL) trademark application success rates

The Philippines, a dynamic Southeast Asian economy with a growing entrepreneurial landscape, offers a developing yet increasingly robust environment for trademark registration. This article provides a detailed overview of trademark approval trends in the Philippines and success rates to support applicants in navigating the trademark system.

Estonia trademark application success rate

June, 20255 minutes read

Estonia (EPA) trademark application success rates

When it comes to trademark protection in the Baltics, Estonia is quietly making a name for itself with a steadily improving registration success rate. The Estonian Patent Office (EPA) has maintained a strong track record over the past five years, offering a reliable route for brand protection both locally and within the EU framework.

Ecuador trademark application success rate

June, 20253 minutes read

Ecuador (SENADI) trademark application success rates

Ecuador is steadily building a reputation for offering a reliable and efficient trademark registration environment. This article explores the country’s trademark success trends and offers practical advice for applicants aiming to register their marks in Ecuador.

Bulgaria trademark application rate

June, 20253 minutes read

Bulgaria (BPO) trademark application success rates

For businesses and individuals aiming to secure trademark protection, understanding success rates at national IP offices is crucial. In this article, we explore the trademark application success rate in Bulgaria, and offer tips to increase your chances of successful registration.

Egypt trademark application success rates

June, 20253 minutes read

Egypt (ETPO) trademark application success rates

Egypt, strategically located at the crossroads of Africa and the Middle East, offers an evolving trademark registration environment that reflects both opportunities and challenges. While the system continues to modernize, applicants should be aware of the current performance trends to effectively navigate the process.

United Arab Emirates trademark application success rates

June, 20253 minutes read

United Arab Emirates (UAE) trademark application success rates

The United Arab Emirates has long been a preferred jurisdiction for businesses seeking robust brand protection. This article outlines the UAE’s recent performance in trademark approvals and offers insights to support successful applications.

Ukraine trademark application success rate

June, 20253 minutes read

Ukraine (Ukrpatent) trademark application success rates

Ukraine offers an evolving trademark registration environment overseen by the Ukrainian Intellectual Property Institute (Ukrpatent). This article explores Ukraine’s trademark success trends and provides guidance for potential applicants.

India trademark application success rate

June, 20253 minutes read

India (CGPDTM) trademark application success rates

India, one of the world’s largest and fastest-growing economies, represents a dynamic and increasingly important market for trademark protection. This article examines India’s trademark success trends and offers insights for applicants navigating this complex system.

Slovenia trademark application success rate

June, 20253 minutes read

Slovenia (SIPO) trademark application success rates

Slovenia, nestled in the heart of Central Europe, offers a stable and applicant-friendly environment for trademark protection. In this article we’ll break down filing trends and approval rates to help applicants better understand the Slovenian trademark landscape.

no-revisions-tkUMZUHgDSU-unsplash

June, 20255 minutes read

The company behind Oreo sues Aldi for copying its packaging

Mondelez International, the company behind Oreo, Chips Ahoy, and Ritz, has filed a trademark infringement lawsuit against Aldi’s U.S. branch. The lawsuit claims Aldi is selling knockoff products—like “Original Chocolate Sandwiches with Vanilla Filling”—that closely resemble Mondelez products in both look and packaging.

Slogan Article

June, 20255 minutes read

Why slogans are difficult to trademark and what you can do to create a trademarkable slogan

A brand’s identity is made up of many elements—but when it comes to legal protection, names, logos, slogans, and mascots are among the most common. While securing trademarks for names and logos is usually more straightforward, slogans often run into trouble. So why are they so tricky to register? In this article, we’ll break down what makes slogans harder to trademark—and share practical tips to help you create one that stands a better chance of approval.

Cyprus trademark application success rate

June, 20255 minutes read

Cyprus (DRCIP) trademark application success rates

Cyprus, strategically located at the intersection of Europe, Asia, and Africa, offers an efficient and highly favorable environment for trademark registration. In this article, we take a closer look at Cyprus’s application trends and success rates to help you better understand the trademark landscape and how to succeed in it.

Croatia trademark application success rate

June, 20253 minutes read

Croatia (DZIV) trademark application success rates

Understanding trademark application success rates across different countries can provide essential insight for businesses seeking brand protection in new markets. In this article we’ll explore five years of data from the State Intellectual Property Office of the Republic of Croatia (DZIV) and best practices for successful registration.

Romania trademark application success rates

June, 20253 minutes read

Romania (OSIM) trademark application success rates

For brands operating in Eastern Europe, Romania offers a growing and increasingly accessible trademark system. In this article we’ll explore trademark filing trends and success rates in Romania to help businesses understand what to expect when applying for protection in this market.

Greece trademark application success rate

June, 20253 minutes read

Greece (OBI) trademark application success rates

Understanding how successful trademark filings are in a given country can provide valuable insight for businesses and entrepreneurs looking to protect their brands. In this article we’ll cover five years of data from the Greek Industrial Property Organisation (OBI) and best practices for successful registration.

Lithuania trademark application success rate

June, 20253 minutes read

Lithuania (VPB) trademark application success rates

Lithuania has steadily built a strong reputation for intellectual property protection, particularly in trademark registration. In this article, we analyze the filing trends and success rates from recent years to help guide brand owners considering trademark protection in Lithuania.

Serbia trademark application success rate

June, 20255 minutes read

Serbia (IPORS) trademark application success rates

Serbia presents a stable and efficient trademark registration environment for both domestic and international brands. In this article we’ll explore filing trends and success rates to help applicants navigate the Serbian trademark system.

Latvia trademark application success

June, 20253 minutes read

Latvia (LRPV) trademark application success rates

For businesses looking to safeguard their brands in the Baltic region, understanding the trademark landscape in Latvia is key. Below is a five-year snapshot of trademark application outcomes at the Latvian Patent Office (LRPV) and best practices for successful registration.

james bond article

May, 20255 minutes read

James Bond Trademarks Challenged in the EU and UK

The iconic movie franchise might lose its trademarks in some classes of goods and services due to commercial inactivity. Josef Kleindienst, a wealthy Austrian businessman, has filed a number of 'cancellation actions based on non-use' against the famous Bond trademarks.

South Africa trademark application success rates

May, 20253 minutes read

South Africa (CIPC) trademark application success rates

South Africa, the most industrialized nation on the African continent, serves as a key commercial gateway into the region. In this article we’ll explore South Africa’s trademark registration success over the past five years, offering insights and guidance for applicants navigating the system.

Poland cover

May, 20253 minutes read

Poland (PPO) trademark application success rates

For businesses aiming to secure their brand identity in Central Europe, understanding trademark registration trends in Poland is essential. Below is a five-year overview of trademark application outcomes at the Polish Patent Office (PPO) and best practices for successful registration.

Norway cover

May, 20253 minutes read

Norway (NIPO) trademark application success rates

For businesses aiming to secure their brand identity in Scandinavia, understanding the trademark registration landscape in Norway is essential. Below is a five-year overview of trademark application outcomes at the Norwegian Industrial Property Office (NIPO) and best practices for successful registration.

Portugal cover

May, 20253 minutes read

Portugal (INPIPT) trademark application success rates

For businesses seeking to protect their brands on the Iberian Peninsula, Portugal’s trademark system provides an important gateway. Below is a five-year overview of trademark application outcomes at the Portuguese Institute of Industrial Property (INPIPT) and best practices for successful registration.

Slovakia cover

May, 20253 minutes read

Slovakia (SKIPO) trademark application success rates

Slovakia, located in the heart of Central Europe, provides a well-structured and reliable framework for trademark registration. This article explores filing volumes and success rates to help trademark applicants better understand the Slovak system and how to navigate it successfully.

Argentina cover

May, 20253 minutes read

Argentina (INPI) trademark application success rates

Understanding the success rates of trademark applications is crucial for businesses seeking to protect their brands globally. In this article, we’ll explore the trademark application success rate in Argentina, and best practices for successful registration with the National Institute of Industrial Property (INPI).

Italy cover

May, 20253 minutes read

Italy (UIBM) trademark application success rates

For businesses looking to protect their brands in one of Europe’s largest economies, understanding Italy’s trademark registration landscape is essential. Below is a five-year snapshot of trademark application outcomes at the Italian Patent and Trademark Office (UIBM) and best practices for successful registration.

Israel cover

May, 20253 minutes read

Israel (ILPO) trademark application success rates

For businesses seeking to establish or protect their brands in the Middle East, understanding trademark registration trends in Israel is essential. Below is a five-year overview of trademark application outcomes at the Israel Patent Office (ILPO) and best practices for successful registration.

Finland cover

May, 20253 minutes read

Finland (PRH) trademark application success rates

Finland, known for its robust legal infrastructure and innovation-driven economy, maintains a strong record in trademark registration. The Finnish Patent and Registration Office (PRH) consistently delivers high registration rates, offering a dependable gateway to trademark protection in the Nordic region.

ARIPO cover

May, 20255 minutes read

ARIPO trademark application success rates

Understanding trademark application success rates is essential for businesses aiming to protect their brands across multiple countries. In this article, we explore the trademark application success rate at the African Regional Intellectual Property Organization (ARIPO) and compare it with neighboring jurisdictions, along with best practices for successful registration.

Hungary cover

May, 20253 minutes read

Hungary (HIPO) trademark application success rates

For businesses expanding across Europe, understanding the trademark registration landscape in each country is key to building a strong brand presence. Below is a five-year snapshot of trademark application outcomes at the Hungarian Intellectual Property Office (HIPO) and best practices for successful registration.

Austria cover

May, 20253 minutes read

Austria (OPA) trademark application success rates

Understanding trademark application success rates is vital for businesses looking to secure their brands internationally. In this article, we explore Austria’s trademark application success rate with the Austrian Patent Office (OPA) and compare it to neighboring countries, alongside best practices for successful registration.

Sweden cover

May, 20255 minutes read

Sweden (PRV) trademark application success rates

Sweden, a leading innovation hub in Northern Europe, offers a reliable and well-regulated environment for trademark protection. This article examines filing trends and success rates to guide applicants through the Swedish trademark system.

France  cover

May, 20253 minutes read

France (INPI) trademark application success rates

France, a global leader in culture, commerce, and innovation, is also one of the most active countries in the world when it comes to trademark filings. In this article, we’ll explore the trademark application success rate in France and best practices for successful registration.

Switzerland cover

May, 20255 minutes read

Switzerland (IGE-IPI) trademark application success rates

For businesses aiming to protect their brand in Switzerland, understanding the local trademark application success rate is key. Each jurisdiction has its own legal nuances, and Switzerland is no exception. In this article, we’ll dive into the trademark approval trends in Switzerland and best practices to increase your chances of success.

Germany

May, 20253 minutes read

Germany (DPMA) trademark application success rates

Understanding trademark application success rates is key for businesses aiming to safeguard their brands globally. In this article, we focus on the trademark success rate in Germany and best practices for successful trademark registration.

Vietnam cover

May, 20253 minutes read

Vietnam (IP Vietnam) trademark application success rates

Understanding the success rates of trademark applications is crucial for businesses seeking to protect their brands globally. In this article, we’ll explore the trademark application success rate in Vietnam, and best practices for successful registration with the Vietnam Intellectual Property Office (IP Vietnam).

UK cover

May, 20253 minutes read

United Kingdom (UKIPO) trademark application success rates

Understanding the success rates of trademark applications is crucial for businesses seeking to protect their brands globally. Different countries have varying success rates, influenced by a multitude of factors. In this article, we’ll explore the trademark application success rate in the United Kingdom and best practices for successful registration.

Benelux cover

May, 20255 minutes read

Benelux (BOIP) trademark application success rates

Understanding trademark application success rates is essential for businesses aiming to protect their brand identity. Each region has unique legal standards and administrative procedures that influence trademark approval outcomes. In this article, we’ll look at the trademark application success rate in the Benelux region—covering Belgium, the Netherlands, and Luxembourg.

Brazil cover

May, 20253 minutes read

Brazil (INPI) trademark application success rates

Understanding trademark application success rates is essential for businesses aiming to protect their brands internationally. Each jurisdiction has its own procedures and challenges that impact the likelihood of successfully registering a trademark. This article examines trademark application success rates in Brazil and best practices for successful registration.

San Marino cover

May, 20253 minutes read

San Marino (USBM) trademark application success rates

Understanding the success rates of trademark applications is crucial for businesses seeking to protect their brands globally. In this article, we’ll explore the trademark application success rate in San Marino and best practices for successful registration.

DeepSeek article

May, 20255 minutes read

DeepSeek Facing Issues with Trademark Registration in the US

Recently, Chinese AI company, DeepSeek, has faced wide-spread privacy concerns in Europe, suffered an enormous cyberattack, and even been accused of IP theft. In addition to all of this, they have filed a US trademark application for the "DeepSeek" brand name just 36 hours after a Delaware-based company filed for the exact same name.

Mexico cover

May, 20253 minutes read

Mexico (IMPI) trademark application success rates

Understanding trademark application success rates is crucial for businesses seeking to protect their brands internationally. In this article, we explore trademark application success rates in Mexico and best practices for successful registration.

Ireland cover

May, 20253 minutes read

Ireland (IPOI) trademark application success rates

Understanding the success rates of trademark applications is crucial for businesses seeking to protect their brands globally. In this article, we’ll explore the trademark application success rate in Ireland, and best practices for successful registration with the Irish Patents Office (IPOI).

Monaco cover

May, 20253 minutes read

Monaco (MCIPO) trademark application success rates

Understanding the success rates of trademark applications is crucial for businesses seeking to protect their brands globally. In this article, we’ll explore the trademark application success rate in Monaco and best practices for successful registration.

South Korea cover

May, 20253 minutes read

South Korea (KIPO) trademark application success rates

Understanding the success rates of trademark applications is crucial for businesses seeking to protect their brands globally. In this article, we’ll explore the trademark application success rate in the Republic of Korea, and best practices for successful registration with the Korean Intellectual Property Office (KIPO).

Japan cover

May, 20253 minutes read

Japan (JPO) trademark application success rates

Understanding the success rates of trademark (TM) applications is vital for businesses expanding into global markets. Each jurisdiction has its own legal and procedural landscape that affects the likelihood of successful registration. In this article, we explore the trademark application success rate in Japan and best practices for successful registration.

New Zealand cover

May, 20253 minutes read

New Zealand (IPONZ) trademark application success rates

Understanding the success rates of trademark applications is crucial for businesses looking to safeguard their brand assets in international markets. In this article, we take a look at the trademark application success trends in New Zealand and best practices for successful registration.

Figma vs. Lovable

May, 20253 minutes read

Figma Sends Cease & Desist Letter to Swedish Startup over 'DevMode' Trademark

Popular design software developer, Figma, has sent an official cease & desist letter to a fledgling Swedish AI startup, Lovable, over their use of Figma's trademarked term 'Dev Mode.' Lovable states they have no intention of respecting the requests of the cease & desist letter, as the term is already so broadly used.

global

May, 20255 minutes read

Global trademark application success rates: Key trends and expert insights

Success rates for trademark applications vary widely across countries—shaped by local regulations, market competitiveness, and the applicant’s legal strategy. For businesses looking to protect their brand globally, understanding these differences is key to navigating the process effectively and improving their chances of approval.

Canada

May, 20253 minutes read

Canada (CIPO) trademark application success rates

Understanding the success rates of trademark applications is crucial for businesses seeking to protect their brands globally. Different countries have varying success rates, influenced by a multitude of factors. In this article, we’ll explore the trademark application success rate in Canada and best practices for successful registration.

Australia

May, 20253 minutes read

Australia (IPA) trademark application success rates

Understanding the success rates of trademark applications is crucial for businesses seeking to protect their brands globally. Different countries have varying success rates, influenced by a multitude of factors. In this article, we’ll explore the trademark application success rate in Australia.

US Law

May, 20253 minutes read

United States (USPTO) trademark application success rates

Understanding the success rates of trademark applications is crucial for businesses seeking to protect their brands globally. Different countries have varying success rates, influenced by a multitude of factors. In this article, we’ll explore the trademark application success rate in the United States.

euipo

May, 20253 minutes read

European Union (EUIPO) trademark application success rates

Understanding the success rates of trademark applications is crucial for businesses seeking to protect their brands across the European Union (EU). In this article, we’ll explore the trademark application success rate in the EU and best practices for successful registration.

Cold Palmer

May, 20253 minutes read

Cole Palmer Files a Trademark Application for his Signature Celebration

Cole Palmer, the rising star of Chelsea FC, has recently filed a trademark application for his signature "Cold Palmer" celebration. Though this is not the first instance of a trademarked gesture, the application could set a strong precedent for future athletes who are looking to legally protect their personal brand.

Dr Martens

May, 20255 minutes read

Dr. Martens Sue Temu over Trademark Infringement

Dr. Martens has kickstarted an ongoing dispute against one of the world's fastest growing e-tailers—Temu. Dr. Martens legal team alleges that Temu manipulated Google search results by including protected trademarks, such as "Dr. Martens" and "Airwair" as keywords in advertisements promoting lookalike Dr. Martens boots.

google search

April, 20255 minutes read

Trademark genericide: the dangers of going viral

Going viral is every brand’s dream. It's proof that your product, your idea, or your business has captured attention. You're trending. You're everywhere. However, this very success can lead to an unexpected and detrimental outcome: trademark genericide.

iStock-1584597493

April, 20255 minutes read

Trademarks vs Copyrights: What’s the difference, and which one is right for you?

When it comes to protecting your intellectual property, understanding the differences between trademarks and copyrights is essential. Both are legal tools that help safeguard creative and business assets—but they serve very different purposes. Knowing which type of protection applies to your work can help you secure your rights, prevent infringement, and avoid unnecessary legal costs.

Gemini

March, 20255 minutes read

Trademark lawyer answers: Why are AI companies rushing to trademark their names and algorithms?

Artificial intelligence is advancing at an incredible pace, and the biggest tech companies—OpenAI, Google, Microsoft, and many others—are scrambling to protect their AI creations. But they’re not just patenting new technologies; they’re also rushing to trademark the names of their AI models and algorithms. Why? Because in this fast-growing industry, branding is just as important as innovation.

app store

March, 20255 minutes read

How to find and report fake apps using your brand name

Mobile apps are now a big part of our daily lives. People use them for shopping, banking, entertainment, and more. But with the advantages of mobile applications comes a growing risk—brand infringement on app stores. App-related intellectual property (IP) infringement is a pressing issue that affects legitimate businesses and misleads consumers. Let's explore some of the most common threats and ways to combat infringement on app stores.

business growth

March, 20255 minutes read

New study shows SMEs with intellectual property generate 41% more revenue

Many small and medium-sized enterprises (SMEs) overlook the importance of trademarks and other intellectual property protections, thinking they are only for big corporations. However, a recent study from the European Union Intellectual Property Office (EUIPO) shows that small businesses with registered IPRs perform significantly better than those without them. Let’s explore why trademarks matter and how they can boost your business growth.

trademark delays

March, 20255 minutes read

Trademark delays in 2025: What business owners need to know

As we step into 2025, business owners face a rapidly changing landscape when it comes to securing intellectual property rights. From fee increases to dramatic shifts in workplace policies, the U.S. Patent and Trademark Office (USPTO) is undergoing transitions that are creating unprecedented delays and frustrations. If you're waiting on a trademark registration—this article breaks down what’s happening at the USPTO, why delays are worsening, and what you can do to protect your brand.

ecommerce

February, 20255 minutes read

Trademark Registration vs. Full Brand Protection: What’s the difference and why it matters

A strong brand is more than just a great name or a logo; it represents an entire business identity and its uniqueness. While trademark registration is undeniably an essential starting point of any brand protection strategy, it’s just one piece of the puzzle. Full brand protection goes further by actively monitoring and defending your brand in all areas where it might be at risk.

funding

February, 20255 minutes read

2025 SME Fund by EUIPO: Get Up to 75% Off Trademark Fees

Trademark, design, and patent registrations are essential for businesses looking to secure their intellectual property (IP) and differentiate themselves in competitive markets. To help small and medium-sized enterprises (SMEs) in safeguarding their IP rights, the European Union Intellectual Property Office (EUIPO) and the European Commission have launched the 2025 edition of the Ideas Powered for Business SME Fund. This initiative offers financial support in the form of vouchers, designed to help EU-based SMEs protect their intellectual property.

fakes

February, 20255 minutes read

How to protect your brand from being copied online

As businesses expand their online presence, the risk of unauthorized copying and imitation also grows. With newly emerging e-commerce and social media platforms, counterfeiters have more opportunities to imitate and sell fake versions of your products. Here’s a comprehensive guide on how to protect your brand from being copied online.

pexels-sora-shimazaki-5668481 (1)

January, 20255 minutes read

Trademark Infringement in the United States: What It Is, Types, and Penalties

A trademark registration is a vital part of any effective brand protection strategy. However, when someone uses your trademark without permission, it constitutes trademark infringement—a serious issue that can harm your business and reputation. Understanding what trademark infringement entails, the various forms it can take, and the potential legal consequences under U.S. law is essential for any business owner.

alejandro-luengo-VpL2pCBfvhU-unsplash 1

January, 20255 minutes read

Trademark clearance searches: #1 step in brand protection

An integral aspect of brand protection is securing trademark rights, which provide legal exclusivity over the use of distinctive names, logos, slogans, and symbols associated with a company's brand. However, before a company adopts and invests in a particular trademark, it must undertake a vital process known as "trademark clearance search." In this article, we'll explore the significance of trademark searches and the critical role they play in safeguarding a brand's reputation.

christmas

December, 20245 minutes read

Can a business own the word ‘Christmas’? A Look at trademarks and holiday words

The word “Christmas” is more than just a name—it’s a symbol of joy, tradition, and celebration for people all over the world. But it’s also a big part of the holiday shopping season, with businesses using the term to sell everything from decorations to food to experiences. This raises an interesting question: Can the word “Christmas” be trademarked?

Google

December, 20245 minutes read

Trademarks and search engines: avoid becoming a victim of trademark bidding

Imagine a consumer searching online for your brand name—but instead of seeing your website they’re greeted by ads from someone else. This is how brands become victims of trademark bidding. A registered trademark grants its owner an exclusive right to use the given keyword among search terms as well as product/service description, effectively discouraging any competitive tactics that seek to derive value from the good reputation of a given brand.

influencer

September, 20245 minutes read

Trademark protection for influencers: 5 key tips to safeguard your brand

Influencers today are more than just content creators—they’re powerful brands that can shape trends and drive consumer behavior. But as your influence grows, so does the risk of others trying to profit from your reputation. Whether you’re an established influencer or on the path to becoming one, understanding and securing trademark rights is essential to safeguarding your brand and ensuring that your distinctive identity remains yours.

Trademark Registration in the US

September, 20243 minutes read

How to conduct a free trademark search: A step-by-step guide

When starting a business or launching a new product, ensuring that your brand name, logo, or slogan isn't already in use is crucial. A trademark search is the process of checking if a name or mark is already registered or pending registration with the trademark offices. Conducting a free trademark search can save you time, money, and potential legal issues down the line.

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September, 20245 minutes read

How to check if a name is available for trademark: 4 essential tips

Before you commit to a business or product name, it's crucial to ensure that the name is available for trademark registration. This process involves checking whether the name is already in use or too similar to existing trademarks, which could lead to legal complications. Here are 4 best practices for ensuring the name is unique and legally available.

Trademark-Management-By-Trama

September, 20243 minutes read

Registered Trademark vs TM Symbol: What’s the difference and which should you use?

Understanding the distinctions between the registered trademark symbol (®) and the trademark symbol (TM) is essential for effective brand protection and communication. These symbols serve different purposes and indicate varying levels of trademark rights. Here’s a comprehensive guide to help you understand the differences and decide which symbol to use for your brand.

olympics 2024

September, 20243 minutes read

Olympic sharpshooter Yusuf Dikec trademarks his iconic pose

Yusuf Dikec, an Olympic silver medalist sharpshooter from Turkey, has taken a significant step to secure his legacy beyond the shooting range. The athlete, whose nonchalant pose during the Paris Olympics went viral, has officially filed for a trademark with the Turkish Patent and Trademark Office.

burger king

August, 20245 minutes read

Pune's local burger king triumphs over global fast-food giant

In a surprising twist, a small burger joint in Pune has emerged victorious in a legal dispute against the well-known international fast-food chain, Burger King. The court's decision, which has caught the attention of both legal experts and business owners, does not just signify a triumph for small businesses over a large corporation, but demonstrates the principles of fairness and justice in the world of commerce.

brainstorming

July, 20245 minutes read

How to choose a strong trademark for your business?

A strong trademark is more than just a flashy name or a logo; it is a cornerstone of your brand identity and a powerful tool in your business strategy. Investing the time and resources to create a strong trademark means enjoying the rewards of a distinctive and protected brand down the road.

big mac main cover

June, 20245 minutes read

What really happened to the Big Mac trademark?

The ongoing legal dispute between McDonald's, the American fast food corporation, and Supermac's, an Irish fast food chain, has seen significant developments. The core of the dispute revolves around the trademark for "Big Mac," with Supermac's challenging McDonald's European trademark. Recent court decision has added new dimensions to this case, highlighting the complexities of trademark law and corporate strategies.

US Law

May, 20245 minutes read

File your trademark Now: Major USPTO fee increase coming in 2025

The United States Patent and Trademark Office (USPTO) has announced a significant increase in trademark fees, set to take effect on January 18, 2025. These changes, part of the USPTO’s effort to align costs with service demands and deter misuse of the trademark system, will impact all trademark applicants and businesses. If you’re planning to register a trademark, taking action before the new fees come into effect can save you hundreds of dollars.

rolex

May, 20245 minutes read

Rolex vs. Hallmark - Lessons in navigating logo similarity

Luxury watchmaker Rolex has initiated a trademark opposition proceeding against Hallmark Licensing LLC (“Hallmark”) over a logo dispute. The dispute centers around Hallmark's application for a logo featuring "an open crown design circumscribed by a circle that is interrupted by a leaf" for various goods including jewelry, which Rolex argues is too similar to its own iconic crown logo.

chile crunch

April, 20245 minutes read

The Chile Crunch trademark dispute: navigating trademark rights and cultural heritage

A recent trademark dispute over the term "chile crunch" has brought to light complex issues surrounding intellectual property rights, cultural heritage, and the dynamics between large corporations and small businesses. This case, involving Momofuku Goods and several independent food brands, sheds light on the numerous challenges of trademark protection in the context of culturally significant products.

Trademark Registration in the US

April, 20245 minutes read

Understanding well-known trademarks: Key requirements and advantages

Trademarks serve as vital assets for businesses, acting as distinct identifiers that protect the integrity and value of their brands. However, not all trademarks receive equal protection under the trademark law. While regular trademarks offer fundamental safeguards, well-known trademarks enjoy enhanced levels of protection and recognition across various jurisdictions. Understanding the differences between these two types of trademarks is essential for businesses seeking to secure their intellectual property and establish a strong market presence.

ukipo cover

April, 20245 minutes read

Understanding 5 most common reasons for trademark registration refusal in the United Kingdom

Trademark registration is a critical step for businesses looking to protect their brand identities in the United Kingdom. Every year, numerous enterprises submit trademark applications to secure legal rights for their symbols, logos, and brand names. However, a considerable number of these applications face rejection due to various factors assessed by the UK Intellectual Property Office (UKIPO). Business owners who wish to maximize their chances of successful registration should be aware of these common pitfalls people make when submitting their application.

fakes

April, 20245 minutes read

Counterfeit goods in the EU: Economic impact and the role of trademark protection

Counterfeit goods present a significant challenge to industries across the European Union (EU), with detrimental effects on both economic prosperity and consumer safety. A recent study conducted by the European Union Intellectual Property Office (EUIPO) has shed light on the widespread prevalence of counterfeit products in the clothing, cosmetics, and toy sectors, highlighting the urgent need for strengthened trademark protection measures.

amazon

March, 20245 minutes read

Amazon found liable for UK trademark infringement: Implications for cross-border sales

As consumers seamlessly navigate ecommerce platforms, questions surrounding the targeting of specific markets have become paramount, particularly in the realm of trademark law. A recent landmark judgment by the UK Supreme Court in the case of Lifestyle Equities v Amazon sheds light on these complexities, offering valuable guidance for businesses and legal practitioners navigating the intricacies of online commerce.

Liability

March, 20245 minutes read

5 well-known brands that failed to protect their trademarks

For well-established brands, trademark protection is paramount to safeguarding their market position and preserving their unique identity. However, even the most influential brands are not immune to challenges in protecting their trademarks, facing legal battles, court examinations, and unexpected setbacks. Here, we delve into the stories of well-known brands that encountered difficulties in safeguarding their trademarks despite their considerable influence.

EU

March, 20245 minutes read

2024 Edition of EUIPO's SME Fund: Expanded support for intellectual property protection

Trademark registration plays a crucial role in distinguishing a company's goods and services from those of its competitors, solidifying a secure brand image in the eyes of consumers. Safeguarding a brand is vital for businesses, and to assist in this endeavor, the European Union Intellectual Property Office (EUIPO) and the European Commission have announced the launch of the 2024 edition of the Ideas Powered for Business SME Fund. This initiative offers intellectual property vouchers aimed at supporting small and medium-sized enterprises (SMEs) based in the EU.

law

February, 20245 minutes read

Trademark Bullying: Recognizing and responding to aggressive enforcement tactics

Trademark bullying, an often overlooked yet pervasive practice in the corporate world, poses a significant threat to small businesses and entrepreneurs. This practice, often employed by larger corporations, involves the aggressive assertion of trademark rights to intimidate smaller competitors or completely unrelated businesses. Recognizing the signs of such aggressive enforcement is crucial for safeguarding against potential legal threats and protecting fair competition.

aboodi-vesakaran-YrP6DNh Ma0-unsplash

February, 20245 minutes read

5 major brands that faced difficulties with trademark registration in China

China continues to prove itself as a lucrative market for businesses worldwide, with its massive consumer base and rapidly growing economy. However, navigating the complexities of trademark registration in China can be a daunting task for even the most well-established brands. Despite efforts to protect their intellectual property rights, many companies have encountered hurdles in securing trademarks for their brands in China.

Chanel bag

February, 20245 minutes read

Chanel prevails against WGACA in luxury fashion resale dispute

Chanel has emerged victorious in its six-year legal battle against luxury re-seller What Goes Around Comes Around (WGACA). The lawsuit initiated by Chanel centered on trademark infringement allegations against WGACA's use of a hashtag combining both company names to promote its Chanel items. The resolution of this case underscores the complexities surrounding luxury fashion resale and raises significant questions regarding trademark law and the rights of luxury brands.

Trademark-Management-By-Trama

February, 20245 minutes read

Look-Alikes: 5 high-profile trademark infringement cases involving visual similarity

Visual identity plays a crucial role in brand recognition, and even subtle similarities can escalate into high-profile legal disputes. From iconic restaurants to global fashion giants, these 5 cases underscore the importance of distinctive brand identities and the potential consequences when one entity's visual elements bear an uncanny resemblance to another.

per-loov-oXqn2CXC 9Q-unsplash

January, 20245 minutes read

Another company using your name? Here's what you can do

Thousands of new businesses emerge daily. And while competition is healthy for the market, it can become a serious concern when companies not only share similar names but also offer comparable products and services. The failure to address this issue early on may pose a significant threat to the very essence of a brand.

lv

January, 20245 minutes read

Family-run business triumphs in trademark dispute against Louis Vuitton

A small family-run business, L V Bespoke, has emerged victorious in a two-year trademark dispute against the luxury fashion giant Louis Vuitton. This David-and-Goliath case highlights the resilience of the legal system in ensuring fairness, even in disputes between smaller enterprises and corporate giants.

rockstar trademark dispute

January, 20245 minutes read

Trademark dispute over the letter "R": Take-Two Interactive vs. Remedy Entertainment

Trademark disputes have become an integral part of the gaming industry, with companies fiercely protecting their intellectual property rights. The latest disoute involves gaming giants Take-Two Interactive, the owner of Rockstar Games, and Remedy Entertainment, creators of the renowned Max Payne series. This case revolves around Remedy Entertainment's new logo, particularly the right to exclusive use of the letter "R."

cambridge

January, 20245 minutes read

University of Cambridge and local company in dispute over 'Cambridge' name

The University of Cambridge has recently found itself embroiled in a legal dispute surrounding the use of the word 'Cambridge' in trademarks. The controversy arose when a local company, Cambridge Neurotech, sought to trademark its name, prompting opposition from the prestigious institution. This conflict raises vital questions about the extent to which entities can claim rights to geographical locations, shedding light on the nuances of trademark ownership and the balance between protecting a brand and allowing for fair competition.

vespa

January, 20245 minutes read

Landmark ECJ decision upholds Vespa's 3D trademark: A victory for iconic design protection

The recent decision by the European Court of Justice (ECJ) overturning the ruling of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) marked a pivotal moment for Piaggio's Vespa. The iconic Italian scooter has not only stood the test of time but has triumphed in the legal arena, reinforcing its status as a registered unique design. This legal victory not only protects Vespa's distinctive design but also sets a precedent for the recognition of 3D trademarks in cases involving iconic design products.

OpenAI

December, 20235 minutes read

OpenAI's trademark strategy: GPT expansion in China's AI market

OpenAI, the pioneering force behind the widely acclaimed AI chatbot ChatGPT, is making strategic moves in the realm of trademarks, filing applications for the names "GPT-6" and "GPT-7" in China. This effort by the company, marked with both legal challenges and great market opportunities, signals a proactive step toward securing its intellectual property rights and fortifying the future of its ever-evolving language models.

skiman

December, 20235 minutes read

Nike takes on skiing company: A battle over similar logos

Among thousands of sports logos, few are as instantly recognizable and iconic as Nike's Jordan Jumpman logo. This powerful symbol, featuring basketball legend Michael Jordan in mid-air, has become synonymous with athletic excellence and the spirit of the game. Nike is prepared to take action against any company that dares to infringe on their brand assets, with most recent dispute revolving around Skiman's logo—a skier in action, a far cry from the basketball courts associated with Nike's iconic symbol.

cider

November, 20233 minutes read

Thatchers vs. Aldi: Dispute over cider trademark and taste

In the beverage industry, a bitter legal dispute has unfolded between Thatchers, the renowned cider company, and retail giant Aldi. Thatchers' claim that Aldi's Taurus cider not only looks like but also tastes similar to its Cloudy Lemon Cider. This goes beyond typical trademark disputes, bringing up questions about taste in the courtroom. As both sides prepare for a "blind taste test," the case introduces a unique angle to the world of legal battles over product similarities.

ads

November, 20235 minutes read

Using trademarks in promotional materials: Legal challenges across the globe

Trademarks play a crucial role in the business world, serving as distinctive symbols that help consumers identify and distinguish the source of goods or services. In the realm of free promotional materials, using a trademark without the owner's permission can raise legal concerns related to trademark infringement. This article explores the regulations and case law surrounding the use of trademarks on various promotional items across different countries.

ecowater

November, 20235 minutes read

Navigating green trademarks: Lessons from Argentina's Eco Water case

In a recent trademark case in Argentina, the Federal Court of Appeals made a groundbreaking decision that could have implications for brands globally, particularly those incorporating sustainability-centric terms into their trademarks. The case involved water company ECO DE LOS ANDES's trademark applications, which had been rejected by the National Institute of Industrial Property (NIIP) and the district court. The rejection was based on concerns that the mark misled consumers and violated laws governing ecological, biological, or organic products.

7eleven

November, 20235 minutes read

7-Eleven files trademark lawsuit against Seven Eleven Law Group

Trademarks are vital assets that distinguish one business from another, creating a unique brand identity. A trademark infringement case can significantly impact the reputation and operations of companies involved. In a recent legal dispute, 7-Eleven, a well-known convenience store chain, is facing off against the Seven Eleven Law Group, an company that offers legal services, over the unauthorized use of the "SEVEN ELEVEN LAW" trademark. In this article we will discuss the allegations of trademark infringement, unfair competition, and more.

startup

October, 20235 minutes read

New Study Reveals: Patents and trademarks give European startups a 10-fold boost in funding success

The European startup ecosystem has been experiencing remarkable growth in recent years, playing a pivotal role in driving economic development and innovation across the continent. However, despite the success, Europe still faces significant challenges in terms of securing funding for startups compared to the United States. To tackle this funding gap and ensure the continued growth of the startup ecosystem, a recent joint study by the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) has shed light on the crucial role of intellectual property (IP) rights, particularly patents and trademarks, in facilitating access to finance for European startups.

easyjet

October, 20235 minutes read

British indie band Easylife forced to rebrand after a lawsuit from easyGroup

In the world of entertainment, a band's name is often their first impression on potential fans. It's a crucial part of their brand, embodying their identity and style. But what happens when a band's chosen name leads to legal troubles and threatens to overshadow their music career? British indie pop group Easy Life recently found themselves in such a predicament when they were forced to change their band name due to a trademark dispute with easyGroup, a majority shareholder in airline company easyJet.

candy

October, 20235 minutes read

PIM vs. Haribo's Watermelon Candies: Candy shape and color ruled functional and unprotected

In the world of candy, shapes and colors play a crucial role in setting products apart from their competitors. They act as distinctive identifiers, allowing consumers to associate specific product features with particular brands. However, trademark law isn't always as sweet as the candy itself, as evidenced by the recent legal battle between PIM and Haribo over watermelon-flavored chewy candies. This case has raised significant questions about the eligibility of certain candy designs for trademark protection.

act

October, 20235 minutes read

The Lanham Act: A Comprehensive Guide to US Trademark Law

Trademarks serve as the bedrock of brand identity within the business realm. They transcend mere symbols or names; they embody a company's reputation, quality, and the trust of consumers. In the United States, the legal framework governing trademarks primarily resides in the Lanham Act. This comprehensive guide explores the Lanham Act, offering insights into its historical context, key provisions, and the pivotal role it plays in safeguarding intellectual property and nurturing fair competition.

hunters-race-MYbhN8KaaEc-unsplash 1

October, 20235 minutes read

Trademark registration timeline in the United States: What to expect

Trademark registration is a crucial step for businesses and individuals looking to protect their brands, products, and services in the United States. However, understanding the timeline involved in the trademark registration process is essential for managing expectations and planning effectively. In this comprehensive guide, we'll walk you through the trademark registration timeline in the United States, from the initial application to the final registration, providing insights into what to expect at each stage.

work

October, 20235 minutes read

Should I Trademark My Brand Before I Sell on Amazon?

Selling products on Amazon offers a myriad of opportunities for entrepreneurs and established brands alike. With millions of potential customers at your fingertips, it's no wonder that many businesses are flocking to the platform. However, as you embark on your Amazon selling journey, you'll likely face an important question: Should you trademark your brand before you start selling on Amazon? In this article, we'll explore the advantages and considerations of trademarking your brand before entering the Amazon marketplace.

twitter x

October, 20235 minutes read

Elon Musk's X Corp. faces trademark lawsuit from marketing company

Less than three months since Twitter's rebrand, the social media company finds itself entangled in its first trademark dispute with a Florida-based company, X Social Media, over the use of the letter "X" in their respective branding. This case has the potential to establish a precedent for the protection of single-letter trademarks and the resolution of disputes related to them.

real estate

October, 20235 minutes read

The Agency vs. The North Agency: How important is trademark search for business branding?

Branding is an essential element of every business, as every name, logo, and identity carries immense value for potential customers. For that reason, protecting your brand from conflicts and legal disputes is paramount. The recent trademark dispute between real estate firms "The Agency" and "The North Agency" serves as a stark reminder of the critical importance of conducting a comprehensive trademark search before registering any new business name, logo, domain, or related branding elements.

chrome hearts

September, 20235 minutes read

Chrome Hearts vs. Shein: Trademark infringement in the fast-fashion industry

Fashion trends change at the speed of light, offering affordable and accessible clothing and accessories to consumers worldwide. However, the convenience and affordability of fast fashion come at a price for many luxury brands, who often find themselves battling issues like trademark infringement. One such legal battle has recently come into the spotlight, as the renowned luxury label Chrome Hearts takes on fast-fashion giant Shein. Chrome Hearts has filed a lawsuit, accusing Shein of trademark infringement and unfair competition, claiming that this has resulted in significant financial and reputational harm.

porsche

September, 20235 minutes read

Porsche's electric car sound trademark rejected by the EUIPO

In a world increasingly defined by visual branding, a quieter but no less profound revolution is taking place—one that centers on the power of sound. In this soundscape of innovation, the concept of sound trademarks has emerged as a novel frontier in intellectual property. German sports car manufacturer Porsche recently found itself embroiled in a trademark dispute that not only underscores the challenges of creating a unique electric vehicle sound but also sheds light on the broader significance of sound trademarks in a rapidly changing automotive landscape.

impossible foods

September, 20235 minutes read

Personal jurisdiction and trademark disputes: Impossible Foods, Inc. v. Impossible X, LLC

Personal jurisdiction is a crucial aspect of the legal system, determining whether a court has the authority to hear a case involving a particular defendant. In the realm of intellectual property disputes, such as trademark cases, the question of personal jurisdiction can be complex and contentious. The case of Impossible Foods, Inc. v. Impossible X, LLC offers some new insight into this legal concept.

greenpeace

September, 20235 minutes read

Greenpeace vs. Rugby World Cup: Trademark infringement or fair use?

With the Rugby World Cup in France just around the corner, Greenpeace has launched a campaign titled "TotalPollution: A Dirty Game" to criticize TotalEnergies' sponsorship of the tournament. Central to this campaign is a video that prominently features the trademark "Rugby World Cup France 2023," owned by Rugby World Cup Limited (RWCL). In response, RWCL has issued a cease and desist letter, alleging trademark infringement. Greenpeace, however, asserts that European trademark law permits the use of registered trademarks by third parties for non-commercial purposes. This case raises intriguing questions about "fair use" and the boundaries of trademark law.

concert

September, 20235 minutes read

Legacy of AC/DC: Bon Scott's family triumphs over Swiss sports brand in trademark dispute

In a landmark legal battle, the estate of Bon Scott, the legendary frontman of AC/DC, has emerged victorious in a dispute over trademark rights to his name. The case, which revolved around the potential for confusion between Bon Scott's name and that of a Swiss sportswear brand called Scott Sports, offers valuable insights into trademark law, particularly the concept of likelihood of confusion. Additionally, it sheds light on the significant role trademarks play in the world of merchandise.

Trademark-Management-By-Trama

August, 20233 minutes read

Trademark misuse in advertising: Challenges and legal considerations

Advertising plays a pivotal role in the fierce business battle for market share, employing various strategies to capture the interest of potential customers. One such strategy is leveraging trademarks, which are vital assets that distinguish a brand's goods and services from those of competitors. However, the fine line between proper use and misuse of trademarks in advertising has become a critical legal and ethical concern.

Writing

August, 20235 minutes read

Handling trademark disputes: 3 small business solutions

As small businesses strive to establish their presence on the market, they often find themselves entangled in trademark disputes that can pose significant threats to their growth and reputation. Learn about trademark disputes, their potential damages to small businesses, and effective solutions to navigate these challenges.

pharma

August, 20235 minutes read

Trademark clearance for pharmaceutical products: Navigating regulatory hurdles in the life sciences industry

The process of navigating trademark clearance in the life sciences industry, especially for pharmaceuticals, is full of regulatory hurdles that require a nuanced and well-informed approach. In this article we delve into the significance of trademark clearance within the pharmaceutical sector, the challenges it presents, and strategies to effectively navigate this regulatory landscape.

mateus-campos-felipe-ZKJQCWsKmPs-unsplash

August, 20235 minutes read

Trademarking your personal brand: From influencers to entrepreneurs

With the rise of social media platforms and online businesses, the concept of personal branding has evolved beyond just a catchy tagline or logo – it encompasses an individual's entire online presence and reputation. As personal brands become more valuable, the need to protect them through trademarking has become increasingly important. This article explores the significance of trademarking your personal brand, particularly focusing on its relevance for both influencers and entrepreneurs.

net positive

August, 20235 minutes read

Trademarks and Sustainability: How Eco-Friendly Brands Leverage Intellectual Property for Positive Impact

In an era characterized by growing environmental concerns, the intersection of business and sustainability has become increasingly important. Eco-friendly practices are not only a moral imperative but also a strategic advantage for companies looking to resonate with conscious consumers. In this landscape, trademarks have emerged as powerful tools that eco-friendly brands can harness to drive positive impact while also protecting their identity and values.

filmindustry

August, 20235 minutes read

Trademark licensing in film and entertainment: How intellectual property drives blockbuster merchandising

When it comes to film and entertainment industry, the interplay between intellectual property (IP) and merchandising has proven to be a highly lucrative partnership. Through strategic licensing agreements, iconic logos, catchphrases, and characters are transformed into a diverse array of products that capture the hearts of fans and drive revenue to unprecedented heights.

tiktok shop

August, 20235 minutes read

Navigating TikTok Shop: The advantage of trademarks in a new marketplace

The recently launched TikTok Shop has garnered immense attention for its innovative fusion of commerce and creativity. As this dynamic platform reshapes the way products are showcased and sold, the role of trademarks stands as a strategic cornerstone for success within this new marketplace. From establishing legal protection to fostering searchability, the integration of registered trademarks presents an array of advantages that hold the potential to robust growth on TikTok Shop.

christina-wocintechchat-com-L85a1k-XqH8-unsplash

August, 20235 minutes read

Slogans and taglines as trademarks: Crafting memorable brand messaging

Slogans and taglines shine as powerful tools for creating a distinct brand identity and establishing a strong emotional connection with the audience. In addition to their role as brand messaging, slogans and taglines can also serve as valuable trademarks, offering legal protection and differentiation in the market. This article explores the strategies behind crafting effective slogans and taglines that not only resonate with audiences but also serve as unique trademarks.

tech

August, 20235 minutes read

Trademarks in the Tech Industry: Protecting Software, Apps, and User Interfaces

In today's fast-paced world of evolving technologies, innovation is not only a hallmark of success but also a driving force that shapes industries and transforms societies. Amidst this whirlwind of innovation, trademarks have emerged as a critical tool for businesses, particularly in the realm of software, apps, and user interfaces. In this article, we will delve into the significance of trademarks in the tech industry, exploring how they protect valuable assets, foster brand recognition, and facilitate healthy competition.

global business

August, 20235 minutes read

Trademarks and cross-border business: Navigating international trademark disputes

In an increasingly globalized world, businesses are expanding their operations beyond national borders, opening up opportunities for growth, but also presenting challenges when it comes to protecting their intellectual property. Among these intellectual property assets, trademarks stand out as crucial identifiers of a company's products or services, playing a pivotal role in brand recognition and consumer trust. However, as companies venture into international markets, they must navigate the complex landscape of international trademark disputes to ensure their brand's integrity and market presence.

online business

August, 20235 minutes read

Trademark licensing and brand partnerships on Amazon: Opportunities for sellers

As competition on Amazon rapidly intensifies, sellers are constantly seeking innovative strategies to carve out a distinct market presence. One strategy that has gained momentum is the strategic utilization of trademark licensing and brand partnerships. Read on about how to make the best out of your brand on Amazon, exploring the avenues they open for sellers to seize novel opportunities and stay ahead in the ever-changing e-commerce landscape.

tesla

August, 20235 minutes read

Tesla prevails in trademark battle against 'Tesla Beer' in China

Protecting a brand's identity is not only a matter of business strategy but also a legal imperative. The recent triumph of Tesla in its trademark infringement case against "Tesla Beer" in China highlights the critical concepts of likelihood of confusion and bad faith within trademark law.

elaboration-of-project-QNGEPK6 2

August, 20235 minutes read

Protecting trademarks in emerging industries: Legal considerations for startups

Emerging industries, such as biotechnology, artificial intelligence, and renewable energy, are creating unprecedented opportunities for startups and offer fresh avenues for growth and disruption. Amidst this excitement, protecting intellectual property, particularly trademarks, becomes paramount for startups aiming to establish a strong brand presence and safeguard their innovations.

image 55

August, 20235 minutes read

Navigating the Thin Line: Trademark Infringement vs. Fair Use

In the vast and dynamic world of business, protecting one's brand and intellectual property is of paramount importance. Trademarks serve as the bedrock of brand identity, differentiating products and services in a crowded marketplace. However, the line between safeguarding your trademark and allowing others to use it under the umbrella of fair use can often be hazy. Business owners must tread carefully to ensure their rights are upheld without stifling creativity and expression. In this article, we explore the crucial distinction between trademark infringement and fair use, drawing insights from case law to shed light on this intricate matter.

hunters-race-MYbhN8KaaEc-unsplash 1

August, 20235 minutes read

Counterfeits on Amazon: How trademarks can help combat unauthorized sellers

The rise of e-commerce platforms like Amazon has revolutionized the way we shop, offering convenience and access to a vast array of products. However, this convenience has also opened the floodgates for unauthorized sellers and counterfeit products. Counterfeit goods pose serious threats to consumers and legitimate businesses alike, eroding brand reputation and causing financial losses. In this article, we will explore the issue of counterfeits on Amazon and discuss how trademarks play a pivotal role in combating unauthorized sellers and protecting brands.

expansion

August, 20235 minutes read

International expansion: Where to register your next trademark?

When expanding internationally, it's essential to identify the key jurisdictions where registering your trademarks is a must. Certain countries hold significant strategic importance due to their economic significance, thriving markets, or specific legal advantages. Depending on your home country, there are certain must-have jurisdictions for your trademark portfolio to ensure comprehensive protection.

sports

August, 20235 minutes read

The role of trademarks in sports: How athletes and teams protect their brands

In the highly competitive world of sports, athletes and teams are not just known for their athletic prowess but also for their personal brands. These brands encompass the players' identities, accomplishments, and associations, while also representing the teams' legacies and achievements. Building and safeguarding these brands is crucial in the modern sports landscape, and trademarks play a vital role in this process.

amazoncover

July, 20235 minutes read

Guide to Amazon Brand Registry and trademark protection

In the fast-paced and competitive world of e-commerce, establishing a strong brand identity is crucial for success. With millions of products available on Amazon, creating a recognizable and trustworthy brand is a key differentiator. Amazon Brand Registry and trademark protection play vital roles in safeguarding your brand and ensuring that customers can easily find and purchase your genuine products. In this guide, we will explore the importance of brand registry and how to protect your trademark on Amazon.

twitter

July, 20235 minutes read

Twitter's Rebrand to 'X': Challenges faced by Meta and Microsoft trademarks

In the world of trademark registration, single letters often present a unique set of challenges compared to words, phrases, or logos containing the letter. While not impossible, the process demands careful consideration of various factors, primarily centered around distinctiveness, non-functionality, and the potential for confusion with existing trademarks. As Twitter undergoes its transformation into "X", we delve into the intellectual property challenges they may encounter, given the abundance of similar trademarks, and the likelihood of sparking a fresh wave of lawsuits in the ever-evolving world of branding and corporate identity.

law

July, 20235 minutes read

Legal remedies for trademark infringement on Amazon: A seller's guide

In recent years, Amazon has emerged as the go-to marketplace for millions of sellers worldwide, offering unparalleled opportunities for businesses to reach a vast customer base. However, with such a massive platform comes the challenge of trademark infringement. Unauthorized sellers and counterfeit products can tarnish a brand's reputation and erode consumer trust. For sellers facing trademark infringement on Amazon, understanding the available legal remedies is crucial. In this guide, we will explore the legal avenues sellers can pursue to protect their trademarks and maintain their competitive edge.

work

July, 20235 minutes read

Trademark enforcement strategies for Amazon sellers: 6 key steps to take

With thousands of businesses registering their products on a daily basis, Amazon has become a competitive marketplace that offers a myriad of opportunities for its sellers. However, this increased competition has also led to a rise in trademark infringement cases on the platform. As an Amazon seller, protecting your brand and intellectual property is crucial for long-term success. In this article, we will explore effective trademark enforcement strategies that Amazon sellers can take to safeguard their rights and combat infringement.

barbie

July, 20235 minutes read

Trademarking Barbie: Mattel's battle to protect the iconic doll brand

For decades, Barbie has reigned as one of the most iconic and beloved toy brands in the world. Since her debut in 1959, the blonde-haired, blue-eyed fashion doll has captured the hearts of millions of children and collectors alike. Behind Barbie's immense success lies Mattel, the toy manufacturing giant responsible for her creation and subsequent global phenomenon. To safeguard their intellectual property and maintain Barbie's brand integrity, Mattel has fiercely protected their trademarks related to Barbie through rigorous policies and real cases of trademark disputes. In this article, we will explore Mattel's trademarks and their commitment to preserving the Barbie legacy.

christina-wocintechchat-com-L85a1k-XqH8-unsplash

July, 20235 minutes read

Trademarked keywords on Amazon: Understanding usage guidelines

In the fast-paced world of e-commerce, Amazon has emerged as the dominant marketplace, connecting millions of buyers and sellers across the globe. With its vast product catalog and robust search capabilities, the platform offers sellers an unparalleled opportunity to reach a massive audience. As competition intensifies, sellers are exploring every possible advantage to stand out from the crowd. One such strategy involves the use of trademarked keywords on Amazon to boost visibility and sales. However, navigating the murky waters of trademarked keywords requires a thorough understanding of usage guidelines to avoid potential legal pitfalls.

Trademark-Management-By-Trama

July, 20235 minutes read

Avoiding intellectual property pitfalls on Amazon: Trademark violations to watch out for

The rise of e-commerce has provided businesses with unparalleled opportunities to reach a global audience, and Amazon stands out as the dominant player in the online marketplace. Sellers on Amazon can easily tap into a vast customer base, but with great opportunity comes great responsibility. One of the most significant challenges faced by Amazon sellers is navigating the complex world of intellectual property rights and avoiding trademark violations. In this article, we will explore the potential pitfalls of selling on Amazon and provide guidance on how sellers can safeguard themselves and their businesses against trademark infringement issues.

Trademarks and Metaverse

July, 20235 minutes read

Expanding internationally: Trademark strategies for global Amazon sellers

Expanding your business internationally on Amazon can be a game-changer for growth and reaching a global customer base. However, as you embark on this exciting journey, it is crucial to prioritize trademark strategies to protect your brand and intellectual property rights. Successfully expanding internationally requires a proactive approach to trademark management that ensures brand consistency, prevents infringement, and safeguards your business's reputation. In this article, we will explore key considerations and strategies for global Amazon sellers to navigate the complexities of trademark protection while expanding internationally.

General - discussion

July, 20235 minutes read

5 essential tips to protect your brand from trademark infringement on Amazon

In this digital era, businesses have the incredible chance to connect with a worldwide customer base through e-commerce platforms like Amazon, opening up vast opportunities. However, along with these opportunities come risks, particularly in the form of trademark infringement. Unauthorized sellers, counterfeit products, and intellectual property violations can seriously harm your brand's reputation and profitability. Therefore, it is crucial to implement effective strategies to safeguard your brand on Amazon. Here are five essential tips to protect your brand from trademark infringement and maintain its integrity.

romain-dancre-doplSDELX7E-unsplash 1

July, 20235 minutes read

Effective strategies to combat bad faith trademark rights enforcement

Trademark rights enforcement is crucial for protecting intellectual property and ensuring fair competition in the marketplace. However, there are instances where trademark owners may engage in bad faith practices, using their trademark rights to stifle competition or extract unjustified benefits. Dealing with bad faith trademark enforcement requires careful planning and effective strategies. In this article, we will explore several approaches that individuals and businesses can adopt to defend themselves against bad faith trademark claims and safeguard their own rights.

hunters-race-MYbhN8KaaEc-unsplash 1

June, 20235 minutes read

JPMorgan's IndexGPT trademark application signals the evolution of AI in the financial industry

The rapid advancement of artificial intelligence (AI) has caused a paradigm shift in various industries, challenging businesses to adapt and leverage this transformative technology. OpenAI's ChatGPT, an AI language model, played a pivotal role in this transformation, propelling companies to explore the potential of generative AI tools. In response to this trend, financial services giant JPMorgan Chase has recently submitted a trademark registration for IndexGPT, positioning itself as a contender in the race to develop a commercial-grade generative AI tool.

skechers

June, 20235 minutes read

Skechers vs Steve Madden: Trademark infringement and dilution of famous "S" marks

Footwear giant Skechers has found itself embroiled in yet another trademark dispute, this time against fellow shoemaker Steve Madden. The legal battle centers around Skechers' well-known "S" logo, which the company claims has been infringed upon by Steve Madden's use of a similar mark on its "Kennie" sneaker.

accounting

June, 20235 minutes read

Understanding the financial damages of trademark infringement: The costly consequences

Trademark infringement poses significant financial risks to businesses, potentially resulting in substantial losses and associated legal proceedings. Protecting intellectual property is crucial for safeguarding brand reputation and preserving market share. In this article, we will explore the financial damages incurred due to trademark infringement and provide estimates of the costs associated with legal proceedings.

hans-vivek-7FPfXqKwzhc-unsplash

June, 20235 minutes read

Parody Trademarks: Navigating the legal landscape of humorous brand satire

In the world of intellectual property, trademarks play a crucial role in protecting the identity and brand recognition of companies and products. However, the realm of parody trademarks challenges the traditional notions of trademark law, as it tests the boundaries between creative expression and the protection of commercial interests. Parody trademarks, while often humorous and satirical, have become a source of legal disputes, leading to a series of intriguing lawsuits. In this article, we delve into the realm of real trademark lawsuits concerning parody trademarks and explore the complex issues surrounding them.

sarah-kilian-52jRtc2S VE-unsplash 1

June, 20235 minutes read

4 risks of not taking action against similar brands

With new companies emerging and existing ones evolving, similar brands often find themselves competing for the same market share. Turning a blind eye to similar brands and failing to take appropriate action can expose businesses to a number of risks that can ultimately undermine their long-term success. In this article, we will explore the dangers associated with not taking action against similar brands and discuss the importance of proactive measures in maintaining a competitive edge.

romain-dancre-doplSDELX7E-unsplash 1

June, 20235 minutes read

5 common ways to overcome trademark office actions

Registering a trademark is a crucial step for businesses to protect their brand identity and distinguish their products or services from competitors. However, the trademark registration process can be complex, and sometimes, trademark applications encounter office actions. A trademark office action refers to a formal response from the trademark office, highlighting issues or concerns with the application. Fortunately, there are several common strategies that can help applicants overcome trademark office actions and successfully secure their trademarks. In this article, we will explore some of these strategies in detail.

samsung

June, 20235 minutes read

S10 Entertainment vs Samsung: A Trademark Battle Over the "S10" Mark

In a recent legal case, S10 Entertainment & Media, LLC ("S10 Entertainment") has filed a lawsuit against Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (collectively, "Samsung") alleging trademark infringement and unfair competition. The case revolves around the usage of the mark "S10" by both parties and has brought to light important questions regarding trademark ownership and brand recognition. Let's delve into the details of this intriguing legal battle.

vr

June, 20235 minutes read

Apple's mixed reality headset clashes against Huawei's Vision Pro trademark in China

Apple's much-anticipated foray into the world of mixed reality has hit a trademark roadblock in China. The tech giant recently announced its first Mixed Reality headset, the Apple Vision Pro, which is set to launch in the United States next year. However, it appears that Huawei had secured the trademark for "Vision Pro" years ahead of Apple's announcement. As a result, Apple may be forced to consider rebranding its headset for the Chinese market or face potential legal hurdles.

batman

June, 20235 minutes read

DC Comics retains trademark rights for Batman logo in European Court battle

In a recent legal battle over the iconic Batman logo, DC Comics emerged victorious, securing its trademark rights in the European market. The General Court of the European Court of Justice ruled in favor of the comic book publisher, dismissing an application by an Italian company, Commerciale Italiana, to invalidate the trademark. This decision affirms DC Comics' exclusive rights to use the Batman symbol on a wide range of merchandise, including clothing and carnival items.

glenn-carstens-peters-RLw-UC03Gwc-unsplash 1

June, 20235 minutes read

Checklist: What are my chances of successful trademark registration?

Registering a trademark is a crucial step for businesses to protect their brand identity and prevent potential infringement issues. However, not all trademarks are registrable. To ensure a successful trademark registration process, it is essential to conduct a thorough evaluation of the mark's registrability. This article presents a comprehensive checklist that covers key factors to consider when assessing trademark registrability.

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June, 20235 minutes read

Conceptual similarity in trademark infringement cases: understanding core concepts and examination by courts

Trademark infringement cases often hinge on the concept of similarity, which includes visual, phonetic, and conceptual elements. While visual and phonetic similarities are typically easier to assess, the examination of conceptual similarity presents its own unique challenges. This article aims to shed light on the concept of conceptual similarity in trademark infringement cases, exploring how courts examine it and providing relevant examples.

honey

June, 20235 minutes read

Challenges of protecting certification marks: The case of mānuka honey

New Zealand's long-standing battle to secure sole ownership of the 'mānuka honey' trademark has come to an end with an unfavorable outcome. The Intellectual Property Office of New Zealand announced on Monday that the country's mānuka beekeepers failed to meet the essential criteria for exclusive rights to the trademark. After nearly ten years of effort, New Zealand has been unsuccessful in preventing Australian beekeepers from utilizing the name and reaping the substantial financial benefits tied to it.

canon

June, 20235 minutes read

Strengthening Online Commerce: Canon and Amazon's joint effort against counterfeit goods

Canon and Amazon have joined forces to combat the rising menace of counterfeit goods on e-commerce platforms. In a joint lawsuit against 29 selling accounts, they are taking a stand to protect their customers from fake products while preserving the value and reputation of trusted brands. In the ever-expanding realm of online marketplaces, securing the value of products has become paramount for business owners.

chipotle

June, 20235 minutes read

Sweetgreen settles trademark dispute with Chipotle over menu item

In the midst of a legal battle with Chipotle over trademark infringement and deceptive business practices claims, Sweetgreen, the popular American fast food restaurant chain, has taken swift action to resolve the issue by changing the name of its controversial menu item.

NFT-Trama

May, 20235 minutes read

Navigating the Virtual Realm: UKIPO's trademark guidelines for virtual goods and services

The rapid advancement of technology has given rise to new forms of goods and services, particularly in the virtual realm. As a result, there has been a surge in applications for trade marks related to non-fungible tokens (NFTs), virtual goods, and services provided in the metaverse. In response to this trend, the UK Intellectual Property Office (UKIPO) has released guidelines to provide clarity on the classification of these goods and services for trademark purposes. These guidelines are essential for businesses operating in the virtual goods industry to navigate the trademark registration process effectively and protect their intellectual property rights.

law

May, 20235 minutes read

The definitive guide to trademark ownership: safeguarding your brand identity

Trademarks play a crucial role in protecting the distinctive identity and brand reputation of businesses and individuals alike. However, maintaining ownership of a trademark is not a guaranteed right. In this article, we will delve into the intricate world of trademark ownership and explore the various factors that can impact its status. From abandonment to infringement and voluntary transfers, understanding the potential risks and challenges associated with trademark ownership is vital for any organization or individual seeking to safeguard their intellectual property rights.

Trademark-Management-By-Trama

May, 20235 minutes read

Yuga Labs prevails in landmark NFT trademark lawsuit over Bored Apes

There has been an increase in trademark disputes related to digital assets, including non-fungible tokens (NFTs), as the popularity and adoption of digital assets have grown. Most recently, Yuga Labs, the entity responsible for one of the most well-known NFT initiative known as Bored Ape Yacht Club (BAYC), has emerged victorious in a trademark infringement lawsuit against Thomas Lehman.

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May, 20235 minutes read

Trademark Tacking: opportunities and constraints of brand evolution

In the world of intellectual property, this legal doctrine allows savvy trademark owners to seamlessly update their marks while preserving the valuable rights associated with the original. However, to be successful, the modifications must be minimal and maintain the overall commercial impression of the original mark.

BeReal

May, 20235 minutes read

BeReal App and BeReal clothing brand in legal dispute over name rights

BeReal, an emerging social media app that has gained popularity as a photo-sharing platform, is currently embroiled in a legal dispute with a small London-based womenswear company sharing the same name. The app distinguishes itself by promoting authenticity and encouraging users to showcase their unfiltered selves. However, the clash arose when BeReal sought trademark registration in various categories, including clothing, overlapping with the prior registration of the London-based BeReal clothing brand.

glenn-carstens-peters-RLw-UC03Gwc-unsplash 1

May, 20235 minutes read

Strategies for trademark registration: common terms as source identifiers

Trademark law encompasses the protection of brand distinctiveness and identity. While trademarks conventionally rely on uniqueness, common terms can, under specific circumstances, acquire significance as source identifiers. This article explores how everyday words can become effective trademarks, examining factors such as secondary meaning, unique styling, arbitrary or suggestive associations, and niche industry connections.

taco

May, 20235 minutes read

Taco Bell seeks to "liberate" Taco Tuesday trademark from Taco John's

In the realm of taco enthusiasts, the phrase "Taco Tuesday" has become synonymous with a midweek celebration of everyone's favorite Mexican dish. Recently, fast-food chain Taco Bell challenged Taco John's trademark ownership of the phrase, arguing that "it should belong to everyone." While it is true that companies can hold rights to certain trademarks, the case of "Taco Tuesday" exemplifies the delicate balance between protecting brand identity and preserving the public's right to use common phrases.

cochiba

May, 20235 minutes read

Cohiba Trademark Dispute: The battle for ownership of the iconic cigar brand

The trademark dispute over the word “Cochiba” between General Cigar Co and Empresa Cubana del Tabaco is one of the longest-running and most high-profile trademark disputes in recent history. The dispute centers around the ownership of the Cohiba trademark, one of the most iconic and recognizable cigar brands in the world, and has involved legal battles in multiple countries over several decades.

pocky

May, 20235 minutes read

Pocky vs. Pepero: A look at Ezaki Glico v. Lotte trademark dispute

The food industry is a highly competitive marketplace where branding and packaging play a crucial role in capturing consumer attention. In 2015, Japanese confectionery company Ezaki Glico Co. Ltd. filed a lawsuit in the United States against Lotte International America Corp., alleging that Lotte's packaging of its chocolate-filled biscuit product, called "Pepero," infringed on Glico's trademark for its own similar product, "Pocky." This dispute highlights the importance of protecting trademarks in the food industry and the potential risks of creating packaging and branding that is confusingly similar to a competitor's product.

iStock-832123510

May, 20235 minutes read

Acquired Distinctiveness: Turning a descriptive trademark into a distinctive brand

Trademarks that are considered too descriptive or generic are generally more difficult to register with the trademark office, as they do not inherently have the necessary level of distinctiveness to identify the source of goods or services. However, if the brand owner can prove that the trademark has acquired distinctiveness over time through extensive use in commerce, it may become eligible for registration.

weed

May, 20235 minutes read

Cannabis trademarks: Navigating the challenges of the legal grey area

The cannabis industry is growing rapidly, with global sales expected to reach nearly $149 billion by 2031. Considering the ongoing discussions on the legalization for cannabis and of cannabis-derived products observed in the EU and the US in recent years, we can see a surge in companies that are beginning to invest in the market as a serious profit opportunity. Though the industry has seen significant improvement, particularly around legality, it continues to face many challenges, including in the area of intellectual property.

Q99E-food

May, 20233 minutes read

Surnames as Trademarks: 3 Tips for family businesses

Many family businesses may choose to use their family surname in connection to the goods and services they are selling, making it a valuable asset worth protecting legally. By registering their surname as a trademark, a family business can prevent others from using their name in a way that could be confusing or misleading to consumers. However, it's important to note that registering a surname as a trademark can be a complex and sometimes contentious process, especially if there are other businesses or individuals with the same or similar name.

pepsi

May, 20235 minutes read

PepsiCo wins trademark dispute against Rise Brewing over 'Rise' name

Likelihood of confusion is a critical issue in trademark disputes, as it is a claim that must be substantiated with evidence to prove infringement. In the case of PepsiCo and Rise Brewing, Rise Brewin argued that PepsiCo's use of the word "rise" in its product names and marketing materials was likely to cause confusion among consumers.

Trademark-Management-By-Trama

May, 20235 minutes read

Trademark Search: The essential step for protecting your brand

Trademark search is a critical step in the process of trademark registration, yet it is often overlooked by many individuals and businesses. Conducting a trademark search helps to determine whether your proposed trademark is available for use and registration, identifies any potential infringement issues, and can help you make informed branding decisions. Failing to conduct a proper trademark search can lead to costly legal disputes and delays in the registration process.

Fashion - sewing supplies

May, 20233 minutes read

Katy Perry vs Katie Perry: Small Australian designer won dispute against US pop star

Trademark laws are designed to protect the intellectual property rights of individuals and businesses, regardless of their size or influence in the marketplace. This means that even a small business can take legal action to defend their trademark rights against bigger brands if they believe that their trademark has been infringed upon.

euipo

April, 20235 minutes read

Understanding EUIPO's grounds for trademark refusal: Absolute and relative grounds explained

In order to register a trademark in the EU, it must go through an examination process by the European Union Intellectual Property Office (EUIPO). The examination process is intended to ensure that the trademark meets the requirements for registration under EU law, which includes both absolute and relative grounds for refusal. An application may be rejected on either relative or absolute grounds. Understanding the examination procedure and formal requirements can help business owners raise their chances of successful registration.

Trademark-Management-By-Trama

April, 20235 minutes read

OpenAI's Battle for Brand Protection: Can GPT be trademarked?

Sometimes a company may experience sudden success with a product or service before they are able to register a trademark for it. This is the case of OpenAI and the current success of their GPT model. The AI research organization now faces multiple challenges in protecting their brand and preventing others from using similar names or trademarks for their products and services.

Writing

April, 20235 minutes read

Trademark Priority: Key implications for businesses and their trademark rights

Trademark priority is an essential concept in trademark law as it establishes who has the right to use a particular trademark in connection with specific goods or services. By understanding the trademark priority system in each jurisdiction where they operate, businesses can take appropriate steps to protect their trademarks and avoid potential disputes.

meeting

April, 20233 minutes read

Sound Alikes: 5 high-profile trademark disputes involving phonetic similarity

When two brands have similar names, it can lead to consumer confusion and potentially result in a loss of reputation and revenue. Consumers may mistake one brand for another, leading to incorrect associations and negative experiences with the brand they intended to interact with. For that reason, phonetic similarity is one of the key factors in trademark law that is considered when determining whether there is a likelihood of confusion between the two brands.

uni

April, 20235 minutes read

Pennsylvania State University vs Vintage Brand: Clash over the use of logo

The case of Pennsylvania State University v. Vintage Brand centers around the likelihood of confusion among consumers, who might think that the products of the clothing company are officially licensed by the university. The decision of the court once again shows that although trademark owners are granted certain exclusive rights to use their marks in connection with the goods or services covered by their registration, these rights are not unlimited.

web search

April, 20235 minutes read

Understanding the UDRP: A Comprehensive Guide to Domain Dispute Resolution

Domain name disputes have become increasingly common with the rise of e-commerce. As more businesses establish an online presence, domain names have become an important part of a company's brand and identity. Consequently, disputes over domain names can arise when two or more parties claim the right to use the same domain name.

Trademarks and Metaverse

April, 20235 minutes read

5 differences between trademark law in the US and China

Trademark laws and registration processes vary from country to country. Each country has its own laws and procedures for registering and protecting trademarks, and these laws may differ significantly from those in other countries. The United States and China are among the most popular jurisdictions for trademark registration in the world due to their strong legal frameworks, well-established trademark systems, and high levels of protection. However, there are also significant differences between the process of trademark registration in these jurisdictions.

image 55

April, 20235 minutes read

The F-Word in Trademarks: Navigating registration of vulgar words

Registering trademarks that include vulgar words can be a challenging process, as it raises various legal and ethical concerns. As a result, trademark registration authorities often subject such applications to greater scrutiny, and the approval process can be more complicated and time-consuming. However, there are also cases where companies were ultimately unsuccessful in obtaining a trademark registration.

Monster Energy

April, 20233 minutes read

The Battle of Monsters: Monster Energy vs Pokemon and other games

Monster Energy, the popular energy drink brand, has become well-known for their aggressive stance on protecting their trademark rights. They have been particularly vigilant when it comes to game developers using the word "Monster" in their game titles or branding. Over the years, Monster Energy has filed numerous trademark complaints against game developers for alleged infringement, claiming that the use of the word "Monster" in their games causes confusion with Monster Energy's brand.

alejandro-luengo-VpL2pCBfvhU-unsplash 1

April, 20235 minutes read

Local business Oura Inc. in a trademark dispute with $2.5 billion corporation

Oura Inc., a company offering antimicrobial products, is engaged in a legal battle with Finnish startup Oura Health, valued at $2.5 billion and known for its fitness-tracking Oura Ring, over trademark claims. If successful, Oura Inc. would have to change its branding or face significant legal consequences.

ukus

April, 20235 minutes read

5 differences between trademark law in the US and UK

Trademark laws and registration processes vary from country to country. Each country has its own laws and procedures for registering and protecting trademarks, and these laws may differ significantly from those in other countries. The United States and the United Kingdom are among the most popular jurisdictions for trademark registration in the world due to their strong legal frameworks, well-established trademark systems, and high levels of protection. However, there are also significant differences between the process of trademark registration in these jurisdictions.

Trademark-Management-By-Trama

March, 20235 minutes read

4 types of bad faith trademark applications that will be rejected

Bad faith applications can be a significant problem in trademark registration, as they can harm the marketplace by preventing fair competition and can also damage the reputation and goodwill of existing trademarks. In this context, it is important for brand owners to understand the potential harm of bad faith trademark applications and the legal measures in place to prevent them.

Adidas

March, 20235 minutes read

Adidas drops opposition to Black Lives Matter's Three-Stripes design trademark

Trademark protection is crucial for companies to safeguard their brand identity, reputation, and prevent consumer confusion. Well-known brands often take proactive measures to monitor and enforce their trademarks and prevent others from using similar marks that could cause confusion among consumers. Contrary to its reputation when it comes to trademark enforcement, Adidas recently withdrew its trademark opposition against Black Lives Matter Global Network Foundation.

US

March, 20235 minutes read

US trademark opposition and most common ways to resolve it

Trademark opposition is a common challenge to trademark registration that can arise during the trademark application process in the US. Trademark opposition can be a timely and costly procedure, especially if it becomes necessary to litigate the opposition in court. The process can take several months or even years to resolve, depending on the complexity of the issues involved and the availability of resources to both parties.

christin-hume-Hcfwew744z4-unsplash

March, 20235 minutes read

Protecting Brand's Reputation: the detrimental effects of trademark dilution

Trademark dilution can be a significant danger for brand owners, as it can result in a loss of the distinctive quality of their trademark and a weakening of their brand identity. This can make it more difficult for the brand owner to enforce their trademark rights and protect their reputation and goodwill in the marketplace.

Trademark Registration in the US

March, 20235 minutes read

Meeting the USPTO's Requirements: how to provide suitable evidence of trademark use?

The United States Patent and Trademark Office (USPTO) requires trademark applicants to provide evidence of the use of their trademark in commerce. This evidence is typically provided in the form of a specimen, which is a sample of how the trademark is being used in connection with the goods or services for which registration is sought. Failure to provide a suitable specimen can result in delays or even rejection of a trademark application, making it crucial for applicants to carefully consider the requirements and guidelines set forth by the USPTO.

Isley brothers

March, 20233 minutes read

The Isley Brothers in Trademark Dispute: legal battle for ownership of band name

Trademark disputes between family members are not uncommon, especially when there are multiple family members involved in a business or other venture. In some cases, family members may have disagreements over the ownership or use of a trademark, or they may have different ideas about how the trademark should be used. Recently, Rudolph Isley, one of the founding members of the Isley Brothers, has filed a lawsuit against his brother Ronald Isley over the use of the "Isley Brothers" trademark.

Trademarks and Metaverse

March, 20235 minutes read

5 Differences between trademark registration in the US and the EU

Trademark laws and registration processes vary from country to country. Each country has its own laws and procedures for registering and protecting trademarks, and these laws may differ significantly from those in other countries. The United States and European Union are among the most popular jurisdictions for trademark registration in the world due to their strong legal frameworks, well-established trademark systems, and high levels of protection. However, they are also significant differences between the process of trademark registration in these jurisdictions.

gaming

March, 20235 minutes read

Game release delayed: The Day Before trademark belongs to a calendar app

A game that has been at the top of Steam's most wanted list, "The Day Before", has been going through a troubled period since its most recent delay was announced. Among some of the other controversies surrounding the game is the fact that the registration of the game's name does not belong to its developer, but to the creator of a calendar application.

china

March, 20235 minutes read

New amendments to trademark law in China: putting an end to trademark squatting

The Chinese Intellectual Property Office has recently published a draft amendment to the Chinese Trademark Law. The draft aims to address the issues of malicious trademark filings and trademark squatting practices. If adopted in its current version and without further modifications, this amendment would considerably impact many aspects of trademark law and practice in China.

big mac main cover

February, 20235 minutes read

McDonald's restores its 'BIG MAC' trademark after long-running dispute

In January 2023, the Boards of Appeal overturned the decision of the Cancellation Division regarding the revocation of McDonald’s word mark ‘BIG MAC’. The long-running lawsuit between Irish fast food chain Supermac’s and an American corporate giant, McDonald’s, initially led to the cancellation of McDonald’s trademark in 2019 due to lack of genuine use. New evidence, however, proves the genuine use of ‘BIG MAC’ not only for the beef burger but also for restaurant services.

Writing

February, 20235 minutes read

Trademark registration in the US: Statement of Use requirement

The requirement of trademark use is a common feature of the trademark registration process in the United States. At the same time, trademark rights holders can find the requirements of trademark use a rather confusing issue to navigate. In this article, we hope to provide clarity on this topic and help trademark owners protect and maintain their rights in the US.

iStock-832123510

February, 20233 minutes read

Guide to non-traditional trademarks in the EU and the US: definitions, laws, and examples

There is a growing use of new branding strategies that utilize non-traditional marks, in particular, those directed to various non-visual senses (sound, scent, taste or touch) of human beings. Non-traditional trademarks have featured prominently in the news in recent years due to the coverage given to some of the internationally well-known companies, such as Coca-cola, Toblerone, and Tiffany and Co., which have experienced great successes and failures in relation to the registration of such trademarks. Should other businesses follow this trend?

ai

February, 20233 minutes read

Getty Images files lawsuit against AI art generator over IP violations

In the past years, we have seen an increase in AI models that create new artworks based on existing content. But as these tools become more prominent, insufficient regulation leads to a growing number of unanswered legal questions regarding copyright and trademark infringement. The recent lawsuits against companies such as Stability AI by multiple visual media websites are likely to shape the future of AI-generated content.

law

February, 20235 minutes read

How to use cease and desist letters to protect your trademark rights

Business owners wishing to enforce their intellectual property (IP) rights can do so through a trademark cease and desist letter. The ability to enforce a trademark is one of the main benefits of having a registered trademark that indicates the origin of goods and services. With a registered trademark, the owner may take action against any other party who makes unauthorised use of their IP. This article will discuss the role of the cease and desist letter in IP rights protection and tips on how to respond if you receive one.

Hermes

February, 20233 minutes read

Hermès prevails in Metabirkins NFT Trial: the future of NFTs and trademark infringement

With its long-awaited decision in the Hermès International v. Mason Rothschild case, the jury found that an artist’s nonfungible tokens of Hermès’ iconic Birkin bags violated the luxury fashion house’s trademark rights. This case raises interesting questions about the scope of trademark protection and trademark law in the current digital age and in light of emerging technologies.

Tolkien

February, 20235 minutes read

Lord of the Bins shall not pass as a trademark: Brighton waste collection company facing court action

Smaller companies parodying elements of other famous brands can often find themselves in a difficult situation if the said brands decide to enforce their trademark rights. This is exactly what happened to Brighton refuse firm Lord of the Bins, which has received a cease and desist letter from lawyers of Middle-earth Enterprises, owners of the rights to the hugely popular The Lord of the Rings trilogy.

100% eco friendly

February, 20235 minutes read

Trademarks and the risk of greenwashing: EU plans new regulation against companies making false green claims

Increased awareness by consumers and their need to be informed not only of the origin of the goods, but also of other characteristics of the goods and/or services has led companies to search for more ways to showcase their commitment to ecological products, recycling, and sustainability. This pressure, however, has also led to an increase in deceptive and misleading product advertisements. The European Commission has found that 53% of sustainability claims made in 2020 were “vague, misleading or provided unfounded information about products’ environmental characteristics.” [1] Brands are expected to experience more regulatory pushback against greenwashing practices in upcoming years.

social media

January, 20235 minutes read

Social media regulations for brand infringement monitoring

Social media activity not only provides information on a product or service identified with a trademark, but also contributes to the general image and reputation of a person or company. This reputation can be easily misused by third parties to the detriment of the trademark owner. Because of that, the intricate interplay between social media and trademarks remains an area riddled with many conflicting rights and interests. Trademark monitoring is then critical for brand owners who wish to ensure consistency of their trademark use across different platforms.

romain-dancre-doplSDELX7E-unsplash 1

January, 20235 minutes read

Liability of trademark owners for defective products

A trademark is a sign capable of distinguishing the goods or services of one company from the goods or services of other companies. The ownership of a trademark excludes others from using similar or confusing marks and by virtue of it. Some of the questions that often arise in trademark law include the nature of trademark ownership and liability for the defective products.

Russian law

January, 20235 minutes read

Rule of law in the times of uncertainty for Western trademarks in Russia

Following the Russian invasion of Ukraine in February 2022, numerous western companies have left the Russian market, creating a shortage of previously available goods and services. The continuing shortage of international products in the country has given rise to a counterfeit market filled with copycat versions of western brands developed by Russian companies to take advantage of the situation.

Liability

January, 20235 minutes read

Most common reasons for trademark refusal by the USPTO

As indicated in the World Intellectual Property Indicators Report[1], there are well over 213.65 million companies and 64.4 million trademarks registered across the world, which makes it harder to make brand names 100% unique and distinctive. Moreover, there is an inherent risk in filing a trademark application, and the complexity of the process differs from one trademark office to another. In this article, we will introduce some of the most common reasons trademark applications can get rejected by the United States Patent and Trademark Office (USPTO).

law

January, 20235 minutes read

The principle of trademark rights exhaustion and trademark infringement

There are numerous reasons why trademark registration is advisable and how this action can help entrepreneurs protect their brand. Whoever registers a trademark first has rights to use it in connection to goods or services. At the same time, the trademark owner's right to prevent the subsequent sale of products marked with its trademark is not unlimited and can be subject to trademark "exhaustion."

Amazon

January, 20235 minutes read

Amazon vs Louboutin: online marketplaces and liability for sales of counterfeits

Due to an abundance of counterfeit products, it is becoming increasingly difficult to achieve a brand-controlled shopping experience. Luxury brands tend to be wary of selling their goods through online marketplaces such as Amazon for a simple reason: the neglectful attitude of the platform towards third-party sellers' misuse of brand trademarks. However, in its decision dated 22 December 2022, the Court of Justice of the European Union (CJEU) cleared the way for Amazon's liability for trademark infringement.

US

January, 20235 minutes read

Understanding Trademark Registration in the US

The United States is one of the most popular destinations for trademark registration. In this article, you can find out everything about the application process, costs, opposition procedure and time required to register your trademark in the US.

alejandro-luengo-VpL2pCBfvhU-unsplash 1

December, 20223 minutes read

Brand protection in virtual spaces: how to trademark digital goods and services?

Despite the significant slowdown in the third quarter, the number of trademark applications for digital assets submitted to the United States Patent and Trademark Office (USPTO) so far this year has tripled over the previous high set in 2021. Following this trend, a number of prominent brands across all industries are expanding their trademark portfolio to cover digital assets. The rapid growth in the popularity of virtual goods and services and associated trademark applications however goes hand in hand with the emerging trademark issues.

Trademark-Management-By-Trama

December, 20225 minutes read

Brands in the Metaverse: recounting most notable digital trademark applications of 2022

As the numbers surrounding digital assets in the virtual worlds continue to climb, more and more companies are turning their attention to this new and promising marketplace. According to the report by Prophecy Market Insights, the market value of Metaverse is estimated to surpass $947.1 billion by 2030, and as such, both established and new brands are paying close attention to the latest trends and developments in this area.

Hero - other industry

December, 20225 minutes read

NFTs, Parodies and Trademark Infringement: recounting most influential trademark cases of 2022

According to the IP Facts and Figures 2022 from the World Intellectual Property Organization (WIPO), trademark filings around the world reached 18.1 million in 2021. With global trademark registration numbers soaring, and digital trends changing the nature of trademark infringement, 2022 saw a number of lawsuits that have been closely watched by trademark lawyers.

glenn-carstens-peters-0woyPEJQ7jc-unsplash

December, 20225 minutes read

Brand protection issues of independent video games

For years, video game development has been one of the fastest-growing sectors of the entertainment industry, with more and more unique ideas brought forward by the efforts of a few individuals. The global number of gamers also continues to grow and is expected to exceed 3 billion by 2023, according to Newzoo’s Global Games Market Report for 2020. As this promising sector continues to prosper, starting game developers ready to enter the market should pay close attention to their intellectual property rights if they wish to avoid bigger legal troubles down the road.

20k cover

December, 20225 minutes read

Trama has verified over 20,000 trademarks: lessons in trademark protection for brand owners

In order to be registered, a trademark needs to meet certain requirements, namely display a sufficient distinctiveness (i.e. not being descriptive of the goods / services provided) and uniqueness in relation to already registered trademarks. At Trama, we offer our clients a free initial lawyer’s check to see if their trademark meets all the necessary criteria required for registration. The applicant receives the assessment from our experienced legal team within 24 hours. The evaluation of the overall registrability of the trademark includes the risk of opposition by similar trademarks, recommended classes of goods & services for the application form and a price estimate. We've carried out a comprehensive analysis of 20,000 trademarks that reveals important lessons for business owners who wish to boost their brand protection efforts.

Hero - other industry

December, 20225 minutes read

How to acquire an abandoned trademark?

The trademark registration process can seem hard at first, but maintaining a trademark can sometimes prove to be even harder. Despite the time and effort, somebody has already put into establishing their brand in the market, there may be times when they might abandon their trademark — purposely or inadvertently. If that happens, the trademark is considered abandoned and can be acquired by other business owners. However, when registering an abandoned trademark, there are a couple of important things business owners have to consider.

Trademarks and Metaverse

December, 20225 minutes read

WIPO report shows continued IP growth driven by Chinese filings

Global intellectual property (IP) filings for patents, trademarks and designs continue to surge, mainly driven by filing increases from Asia. According to the 2022 World Intellectual Property Indicators Report (WIPI), China housed 37.2 million active trademarks in 2021. The report shows that China ranked first in various indicators, reflecting the progress China has made in IP comprehensive strength and science and technology innovation capacity.

vogue

December, 20225 minutes read

Celebrities and trademark infringement: Vogue's lawsuit against Drake and 21 Savage

American rappers Drake and 21 Savage have released their joint album, “Her Loss,” followed by fabricated media appearances as a part of their marketing strategy. As a result, hip-hop artists were sued by the publisher of Vogue for posting and distributing a mocked-up Vogue cover during the promotion campaign of their album. Celebrities are known for pushing the boundaries of conventional marketing in order to promote their work at the expense of other brands. When that happens, it’s important for brand owners to enforce their rights against the unauthorized use of their trademarks.

cryptocover

November, 20225 minutes read

Growing influence of crypto trademarks: Block Inc. vs Bitcoin VERSE

The global cryptocurrency market was valued at 1.49 billion dollars in 2020 and is projected to reach 4.94 billion dollars by 2030, growing at a CAGR of 12.8 % from 2021 to 2030, according to the Cryptocurrency Market Outlook. Blockchain technology offers decentralised, fast, transparent, and reliable ways to conduct financial transactions, which makes it easier for companies to deliver high-quality services to consumers. As the market grows, more companies are seeking legal protection for their digital currencies, which prompts new infringement cases. Most recently, Block Inc. has filed a lawsuit against Bitcoin.com for misuse of its trademark VERSE.

country flags

November, 20225 minutes read

Country flags and similar emblems in trademarks

Trademarks are a vital tool for any business looking to protect its visual branding features. Many businesses would like to indicate a source of goods and services provided by the company through explicit graphical representation of country flags within their brand assets, such as company name and logo. Additional care should be taken when applying for such a trademark, as there are multiple legislative limitations that can lead to refusal from the trademark office.

Startup - people in office

November, 20225 minutes read

Importance of trademark protection for crowdfunded businesses

The Adroit report indicates that the global crowdfunding market reached a value of US$ 15.37 Billion in 2022 and is expected to reach US$ 27.96 Billion by 2029, exhibiting a Compound Annual Growth Rate (CAGR) of 13.66% during the prediction period of 2022 to 2029. With the rise of crowdfunding platforms, many entrepreneurs are starting to consider these resources as a premier method to accelerate the growth of their businesses. In order to avoid any potential risks, it is advisable for entrepreneurs to create a well-thought-out intellectual property strategy for their goods and services before launching the campaigns.

Clubcard

November, 20225 minutes read

Trademarks filed in bad faith: the case of Tesco vs Lidl

Bad Faith trademark filings worldwide have increased significantly over the past years. And while the problem persists, the trademark lawyers still struggle to define consistent minimum acceptable standards for dealing with bad faith trademark applications. Resolution of the ongoing dispute between Lidl and Tesco could have significant implications for future rulings concerning bad faith trademark registrations.

bad spaniels

November, 20225 minutes read

Liability of parody trademarks: the case of Jack Daniel's vs Bad Spaniels

Satirical adaptations of well-known brands have become a common thing and profitable market for many lesser-known companies. Besides being an effective mean to attract more customers, parody products can also be a good defence against trademark lawsuits, as in many cases, brand owners have limited options to enforce their rights against satirical adaptations.

protest

November, 20225 minutes read

Who owns BLM and MeToo trademarks? Protecting social movements through intellectual property law

Slogans such as Black Lives Matter and MeToo hold an immense amount of power and influence, because of the deeply human stories that they are trying to convey. And there is no shortage of people who would like to profit from these stories. Do trademark principles allow entities associated with movements like Black Lives Matter and MeToo to trademark their slogans so that they can prevent other entities from commercially profiting from using it?

Apple

November, 20225 minutes read

Apple loses its iconic 'Think Different' trademark in a legal case against Swatch

Over the past years, Apple and Swatch, a well-known Swedish watch manufacturer, have been involved in a number of trademark disputes due to overlap in their product market since the release of “Apple Watch”. Recently, Apple lost yet another trademark dispute against Swatch, this time for its slogan associated with a highly successful advertising campaign, “Think Different”.

Eco

November, 20225 minutes read

Brands and environmentalism: EUIPO study reveals surge in 'green' trademarks

Increasing environmental concerns lead to shifting consumer behavior, and many brands address these concerns by registering ‘green’ trademarks. The results of the study conducted by EUIPO in 2021 found a 900% increase in green trademarks being filed, demonstrating that “growing interest in sustainability is indeed reflected in the EUTMs filed at the EUIPO [1]. Read about the current green trademark trend in the EU in this article.

iStock-832123510

November, 20223 minutes read

Trademark Registration: DIY vs Professional Service

Filing for trademark registration is something anybody can do with a single online application. Many business owners, however, decide to wait with trademark registration because the process can appear quite complicated at first sight. Applying without a legal representative can be a difficult and time-consuming process. Mistakes and errors are easy to make and can lead to weak trademark protection or the rejection of your trademark registration altogether.

WebSell2

October, 20223 minutes read

7 unusual celebrity trademark registrations

Many celebrities have taken the entrepreneurial path and have commenced branding programs using their intellectual property to sell a variety of goods and services. In order to do that, they first must register official trademarks — for their names, their children’s names, their catchphrases, and their song lyrics. Some of them are successful, and some are not. From Donald Trump’s catchphrase “You’re Fired” to Beyoncé registering the names of her children, here are seven most interesting things celebrities have tried to trademark.

US

October, 20225 minutes read

How to apply for a trademark on your own? (US)

Learn how to register a trademark in the US on your own to protect your business name and brand. Below is a detailed description of the application process and things to keep in mind when registering a trademark.

Writing

October, 20225 minutes read

Understanding WIPO's Madrid System

The Madrid System is the one-stop solution for trademark holders to obtain and maintain protection in multiple markets. Whether you’re a small start-up or a large multinational exporter, the Madrid System can help you manage your brand efficiently. Find out more about the process and fees of registering a trademark through the Madrid System in this article.

Time

October, 20225 minutes read

Trademark renewal process and costs across countries

The registration of a trademark is generally valid for only up to ten years. If a business fails to do trademark renewal, it loses all the legal protection that comes at the side of the trademark. Trademark renewal costs depend on which countries you want to renew and whether you fall within the set deadlines. Learn more about the trademark renewal process and costs across main jurisdictions in this article

Social Media

October, 20225 minutes read

Trademark protection on social media: 3-Step Process

Social media is a powerful tool for growing any brand. If you're starting a business, using platforms like Facebook, LinkedIn, or Twitter can help you reach more people, build your brand's identity, and connect with your audience in unique ways. However, along with these opportunities, there's a risk of trademark infringements, which can harm your business if not handled carefully.

Hero - other industry

October, 20225 minutes read

Avoid these 5 risks of unregistered trademarks

Many entrepreneurs still consider trademark registration to be the least important step in the process of establishing their brand. This can become a big issue. Not registering a trademark from the start leaves a company vulnerable to potential copycats and other forms of brand infringement that can significantly damage its reputation and hamper growth. Here are 5 main risks associated with not registering a trademark that can be detrimental to your brand

Trademarks and Metaverse

October, 20223 minutes read

3 main benefits of registering an International Trademark

Trademark registration offers comprehensive brand protection but only in the country (or jurisdiction) in which it has been registered. This means that if you register your trademark in the UK, the legal right for mitigating brand infringement efforts in other countries (e.g. the US) is virtually non-existent. Careful consideration of the countries in which you operate, and plan to establish market presence in the future, is therefore crucial in achieving effective brand protection.

Trademark-Management-By-Trama

October, 20223 minutes read

Best ways to effectively monitor trademarks

You’ve invested a great deal of time and effort into registering a trademark to protect your intellectual property. Now what? How can you actually enforce your trademark rights and conduct your own trademark monitoring for infringement attempts? In this article, we will discuss some of the best trademark monitoring practices.

NFT-Trama

October, 20225 minutes read

NBA stars are using NFTs to expand their personal brand

According to the Growth Trend Analysis and Forecast Report by MarketDecipher, the sports memorabilia market size will be US$26 billion in 2021, with NFT sports collectables currently estimated at US$1.4 billion, which is estimated to double its market size at a 100% growth rate and reach 2.6 billion in 2022. As a result, many professional NBA athletes such as Kevin Durant and King James LeBron are not missing an opportunity to further develop their personal brands by offering fans new ways to connect with them through ownership of unique digital assets.

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September, 20223 minutes read

How to describe goods and services in a trademark application?

One of the most important steps in the process of filing for a trademark is the description of goods and services. Choosing what to include and what to leave out of your application can prove to be quite challenging, but not providing an accurate description can lead to much bigger problems down the road.

Trump

August, 20225 minutes read

Trump's Truth Social platform's trademark application rejected

The U.S. Patent and Trademark Office (USPTO) refused Donald Trump's application for a trademark for "Truth Social." This refusal is one of the many setbacks the former president's social media app and its parent company have faced in the past months, in addition to other branding issues that led to significant user decreases.

Japan

August, 20225 minutes read

GUCCI vs CUGGL: the changing nature of IP Laws in Japan

On July 12, 2022, the Japan Patent Office (JPO) dismissed an opposition claimed by Italian fashion house Gucci against trademark registration for the term “CUGGL” with a hand-painted line in pink by finding less likelihood of confusion with famous fashion brand “GUCCI”. This case highlights the ongoing issues of insufficient measures against counterfeiting within Japanese IP Laws. But the situation is likely to change soon.

image 55

August, 20225 minutes read

Should you trademark your domain name?

Intellectual property of a brand does not end with its name or logo, but can also cover domain name. If you want to reinforce your brand name and ensure visibility of your business online, you should consider trademarking your domain name.

Screenshot 2022-03-15 at 10.08.40

August, 20225 minutes read

Trademark Registration costs by country

Trademark protection is territorial in nature. This means that, provided all conditions are met, such protection will be granted to your name only in the territories in which you have registered it as a trademark. For that reason, it is important to consider registering a trademark in the countries where the business will operate. Below is a quick overview of trademark application fees across major jurisdictions that every business should consider adding to their trademark portfolio.

Trademarks and Metaverse

August, 20225 minutes read

Trademark opposition process time and costs by country

Disputes over trademarks, known as trademark oppositions, occur when a business files a trademark application with the IP office and another person or business attempts to ‘block’ it. The IP office will determine in opposition proceedings whether a trademark application should be will be accepted despite the opposition or refused. The time and cost of such opposition process varies between different countries.

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August, 20223 minutes read

Answering all your trademark concerns

Many entrepreneurs still consider trademark registration to be the least important step in the process of establishing their brand. This can become a big issue. Not registering a trademark from the start leaves a company vulnerable to potential copycats and other forms of brand infringement that can significantly damage its reputation and hamper growth.

Trademark-Management-By-Trama

August, 20225 minutes read

What happens if someone opposes your trademark? (UK)

After submitting a trademark application with the UKIPO, the applicant has to go through the waiting period during which the trademark undergoes an examination to establish that it is distinct enough and does not infringe on the existing trademark rights of prior applications. After around 3-4 months, there is a chance an applicant may receive a notice of opposition. This article outlines the reasons trademark can receive opposition and suggest the best steps to avoid unnecessary legal complications.

romain-dancre-doplSDELX7E-unsplash 1

August, 20225 minutes read

How to apply for a trademark on your own? (UK)

Learn how to register a trademark in UK on your own to protect your business name and brand. Below is a detailed description of the application process and things to keep in mind when registering a trademark.

Meta

August, 20225 minutes read

Meta versus Meta: Facebook faced with multiple lawsuits following their rebrand

Tech-giant formerly known as Facebook announced a rebrand and a change of its name to Meta. Following that, there were many discussions about whether a company as big as Facebook could even end up holding a complete monopoly over such generic word given hundreds of already existing trademarks in the same field of services. The results of these disputes will be decisive for the future of Meta.

Fashion - fashion designer

August, 20225 minutes read

Brand protection advice for the clothing industry: What, why, where, when & how to register a trademark

Fashion is one of the biggest industries in the world. Global market value of the clothing industry was set to $1.7 trillion dollars in 2021 and expected to enjoy a 6.1% growth to $1.95 billion dollars in 2022-2023 according to two different research reports by Euromonitor and McKinsey [1]. This article highlights why trademark registration is of a crucial importance for fashion retailers.

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August, 20225 minutes read

Should you trademark or copyright your name/logo?

Copyrights and trademarks are words usually used in similar contexts, which can easily lead to confusion between the two. But there is a significant difference between them, and you should be aware of these differences when deciding which one is more suitable for your business purposes.

Lionel Messi

August, 20223 minutes read

Lionel Messi trademarks his surname after a decade-long trademark battle

Football legend Lionel Messi has accomplished his goal of registering his surname as a trademark in the EU after a nine-year legal dispute. With more public figures like Messi taking control over their intellectual property rights we are once again reminded of the importance trademark ownership plays in personal branding.

iStock-1019729218

August, 20223 minutes read

Global Trends in Trademark Registration in 2022

In 2021, the IPO received a record 196,639 trade mark applications, a 43.5% increase from 2020 which was the previous record year for trade mark applications [1]. Both the number of applications and trade marks registered have been consistently rising since 2011. As the numbers continue to grow in 2022 we can observe a number of trends that continue to influence the world of IP rights.

charles-deluvio-pjAH2Ax4uWk-unsplash

August, 20223 minutes read

Trademark Squatting - What is it, Why it happens, and How to prevent it?

A common problem owners of trademarks encounter is when seeking to introduce a new product and service they find themselves blocked by ‘trademark squatting’, where a third party has already applied for an identical or similar trademark. How does trademark squatting happen and how can businesses protect themselves from it?

Starbucks

August, 20225 minutes read

Perceived similarity of trademarks: Lessons from Starbucks trademark disputes

One of the most common reasons for trademark disputes has to do with the perceived similarity between existing trademarks. The two trademarks are considered “similar” if they share common characteristics connected to their appearance, sound, meaning and commercial impression, and if they are used for related goods or services. This is seen as a problem from brand perspective because the consumers might believe that the owners of the two trademarks are related, affiliated, connected, or that the goods or services originate from the same source.

Trademarks and Metaverse

August, 20223 minutes read

Why register a trademark in China?

China continues to offer huge market growth potential, with its wide skilled labor pool, leading infrastructure, and continuous investment in innovative technological landscape. Expanding business to China is not always easy, but companies that ignore this growing market risk falling behind their competitors.

alejandro-luengo-VpL2pCBfvhU-unsplash 1

August, 20225 minutes read

Can you change your trademark over time?

Brands tend to evolve and undergo numerous changes over time. Many companies have changed their names to cater to a larger audience, either by altering their original logos for a more modern look or abandoning controversial words in their slogans. As the company expands beyond its planned offerings of goods and services or decides to take a different direction altogether, usually what follows are certain changes or even complete rebranding. A common question is then: can trademarks change over time? Well, it depends.

Time

July, 20225 minutes read

When should I register my trademark?

Timing is everything, and this is especially true when it comes to trademark registration. Choosing to trademark your brand at the right time is much more important than you would think.

Trademark Registration in the US

July, 20225 minutes read

Common mistakes to avoid when registering a trademark

Creating a business is not an easy job. From sketching out the business plan to choosing the name and logo, the whole process requires a lot of time and effort as nobody would want this amount of planning to go to waste. This is why business owners shouldn’t brush over one of the most important steps in the process of establishing their company – registering a trademark.

Banksy

July, 20225 minutes read

Is copyright for losers? Banksy’s dilemma of anonymity and copyright

Internationally well-known British street artist Banksy ended up losing control over six of his trademarks in just two years. This raises some interesting questions regarding the relationship between copyright and trademark law and the legality of graffiti art.

andrew-neel-QLqNalPe0RA-unsplash

July, 20225 minutes read

Can you use personal name as a trademark?

Trademark is a piece of intellectual property that serves to protect individuality and distinctiveness of your brand. A name is usually perceived as one of the core aspects of somebody’s individuality. A combination of a first name and surname, or a nickname, is something we come to identify by and how we are distinguished from others. It’s what makes us unique and special. But does that mean that a personal name can and should be trademarked?

Trademark-Management-By-Trama

June, 20225 minutes read

USPTO trademark application approval rate: Era of decline

Nowadays, nearly half (48.3%) of all trademark applications filed in the US with the United States Patent and Trademark Office (USPTO) are rejected. Over the last five years, the success rate of trademark applications in the US has declined from 59.1% down to 51.7%. This viewpoint explores some of the issues driving this apparent change in the assessments carried out by the USPTO and as such provides invaluable advice for avoiding unsuccessful trademark registration.

Trademarks and Metaverse

June, 20223 minutes read

Trademark registration and Metaverse

Immersive virtual world that parallels the physical world we live in, that is the main promise of the Metaverse. Its market value is estimated to surpass $947.1 billion by 2030 [1] and as such, both established and new brands are paying a close attention towards the latest trends and developments in this area. Numerous recent cases demonstrate the apparent limits of brand protection for physical products and services due to the rise of copycat items in the virtual world, highlighting the urgency of rethinking trademark registration strategies.

iStock-832123510

May, 20223 minutes read

How to maximise chances of a trademark registration success?

Skill, experience and attention to detail play an essential role in mitigating the potential risks that could impede a successful trademark registration. Given the non-refundable trademark application fees, relying on a trusted expert can provide applicants with an economic benefit in addition to the peace of mind.

iStock-832123510

May, 20223 minutes read

Understanding the selection of the classes of goods & services in trademark application

The selection of relevant classes and specific items of goods and services represents a crucial step in the process of creating a trademark application. On the one hand, too narrowly defined goods and services limit the extent of protection required and may leave a brand vulnerable to copycats and infringement attempts. On the other hand, too broadly defined goods and services not only result in a higher cost (government fees increase with additional classes) but also increase the risk of oppositions and consequent unsuccessful trademark registration. This article presents a detailed guidance for entrepreneurs on how to select the ideal set of relevant classes of goods and services during the trademark application process.

sean-do-EHLd2utEf68-unsplash

April, 20225 minutes read

Brand protection advice for the gaming industry: Why, what, where, when & how to register a trademark

Global market value of the gaming industry is estimated at $203 billion and is expected to increase up to $545.98 billion by 2028 [1]. Nearly two thirds of all adolescents and adults admit playing video games on at least one platform [2]. Thought-provoking insights in this article highlight the crucial role of brand protection through trademark registration in order to amplify the success of game developers!

IMAGE - How Long

October, 20215 minutes read

How long does it take to register a trademark?

We have looked into the last 1,000 trademarks registered in main intellectual property offices, including USPTO (United States), UKIPO (United Kingdom), EUIPO (European Union), CNIPA (China), CIPO (Canada), ROSPATENT (Russia), IPA (Australia), BOIP (Benelux), IGE-IPI (Switzerland), NIPO (Norway) and KIPO (Republic of Korea), exploring the average time it takes for a trademark to be registered in the selected jurisdictions.

LATEST - Euipo

August, 20215 minutes read

EUIPO grant available: 1500€ to register a trademark

Brand protection in the form of a trademark registration leads to a positive impact on business performance but also allows for a more effective protection of the brand’s uniqueness in the eyes of the consumers. Small and medium sized enterprises (SMEs) account for 99% of all companies in the EU, creating over 2/3 of the employment opportunities. European Union Intellectual Property Office (EUIPO) has introduced a new grant opportunity allowing these companies to get up to 1500€ to support their brand protection efforts.

Fashion - sewing supplies

April, 20213 minutes read

The crucial role of reliable similarity screening in trademark registration

“Similar commercial impression” is often extremely difficult to assess correctly. That’s why Trama continues to rely on a highly experienced legal team in addition to its unique AI solution, providing comprehensive risk assessment at the start of every trademark registration.

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April, 20215 minutes read

COVID-19 trademark wars

TM lessons learnt from COVID-19 pandemic: The world is full of entrepreneurial minds and it is never too early to start protecting the uniqueness of a brand! Explore some of the most interesting trademark registration attempts in relation to COVID-19 with our legal team.

appraisal-in-jewelry-shop-786QBR8 2

January, 20215 minutes read

Diamonds are forever, but not for Tiffany

The initial verdict of the court in favour of $21 million infringement damages to be paid by Costco to Tiffany’s has been overturned, with significant implications for brand protection efforts pursued by jewellery makers and retailers.

fotis-fotopoulos-DuHKoV44prg-unsplash

January, 20215 minutes read

Microsoft versus MikeRoweSoft

This trademark infringement case between Microsoft and MikeRoweSoft represents one of the classic legal disputes in the field of intellectual property law. In case you are not already familiar with it, this article summarises the key issues and outlines lessons for brand protection for software companies in particular.

General - light bulb

January, 20215 minutes read

Airbnb versus Hairbnb: How trademark protects against unexpected threats

Taking a creative spin on an already established and renown brand may seem as a good strategy for devising a name for a startup company but it may backfire. This article summarises one of the contemporary cases in this area, revealing that Airbnb’s trademark protects the company against unexpected threats.

Q99E-food

January, 20213 minutes read

McDonald’s lost its exclusive claim to Mc trademark

McDonald’s, or “McBully, as labelled by Pat McDonagh, the founder of Irish chain of fast-food restaurants Supermac’s, has suffered another defeat. Following the previous loss of its “Big Mac” trademark, the use of “Mc” is no longer protected by trademark.

loving-couple-bakers-drinking-coffee

December, 20207 minutes read

12 good reasons for food & drink retailers to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for the creators of gastronomic experiences. This article presents a concise summary of 12 key reasons why every food & drink retailer should think about registering for a trademark.

engineer-and-apprentice-meet-on-floor-of-engineeri-UJTG3HX

December, 20207 minutes read

12 good reasons for technological innovators to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for technological innovators. This article presents a concise summary of 12 key reasons why every innovator driving the technological progress should think about registering for a trademark.

amplitude-magazin-srXbJ1TAdhI-unsplash 2

December, 20207 minutes read

12 good reasons for pharmaceutical companies to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for pharmaceutical companies. This article presents a concise summary of 12 key reasons why every company safeguarding human life and health should think about registering for a trademark.

close-up-of-female-jeweller-at-bench-checking-ring-UXBC85K 2

December, 20207 minutes read

12 good reasons for jewellery companies to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for jewellery retailers. This article presents a concise summary of 12 key reasons why every brand in the jewellery industry should think about registering for a trademark.

austin-distel-Hg3BHX6U5jg-unsplash

December, 20207 minutes read

12 good reasons for media companies to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for media companies. This article presents a concise summary of 12 key reasons why every agency forming the public opinion should think about registering for a trademark.

youssef-abdelwahab-qyzo7TDSVQs-unsplash 1

December, 20207 minutes read

12 good reasons for construction companies to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for construction companies. This article presents a concise summary of 12 key reasons why every creator of our homes and cities should think about registering for a trademark.

Fashion - fashion designer

December, 20207 minutes read

12 good reasons for fashion retailers to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for fashion retailers. This article presents a concise summary of 12 key reasons why every creator of fashion trends should think about registering for a trademark.

a-man-working-in-a-furniture-makers-workshop-assem-SVBH9EH 2

December, 20207 minutes read

12 good reasons for furniture companies to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for furniture companies. This article presents a concise summary of 12 key reasons why every furniture retailer should think about registering for a trademark.

gabriel-gurrola-2UuhMZEChdc-unsplash 1

December, 20207 minutes read

12 good reasons for musicians and bands to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for musicians and bands. This article presents a concise summary of 12 key reasons why every brand in the music industry should think about registering for a trademark.

brooke-lark-hp3MgIy-uEI-unsplash 1

December, 20207 minutes read

12 good reasons for cosmetics companies to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for cosmetics retailers. This article presents a concise summary of 12 key reasons why every creator of beauty and health products should think about registering for a trademark.

General - light bulb

December, 20205 minutes read

How much is a brand worth? Methodology used to determine top and trending brands

The question of estimating a brand value has received a substantial debate over the last decades resulting in over 23 different methodologies being developed (1). Each of these methodological approaches has its advantages and disadvantages, and truth be told, there is no perfect way of determining a brand value in a reliable manner. This article thereby aims to outline and rationalise our approach towards estimating brand value that was used to define the top and trending brands for individual industry sectors.

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December, 20207 minutes read

12 good reasons for advertising companies to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for advertising companies. This article presents a concise summary of 12 key reasons why every creative that sheds light on others should think about registering for a trademark.

karl-pawlowicz-QUHuwyNgSA0-unsplash

December, 20207 minutes read

12 good reasons for software companies to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for software companies. This article presents a concise summary of 12 key reasons why every developer of software solutions should think about registering for a trademark.

tierra-mallorca-NpTbVOkkom8-unsplash 1

December, 20207 minutes read

12 good reasons for real estate companies to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for real estate companies. This article presents a concise summary of 12 key reasons why every real estate agency should think about registering for a trademark.

sean-do-EHLd2utEf68-unsplash

December, 20207 minutes read

12 good reasons for creators of PC games to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for creators of PC games. This article presents a concise summary of 12 key reasons why every creative that opens up the realm of fantasy should think about registering for a trademark.

mateus-campos-felipe-ZKJQCWsKmPs-unsplash

December, 20207 minutes read

12 good reasons for Youtubers and influencers to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for Youtubers and influencers. This article presents a concise summary of 12 key reasons why every individual shaping the society should think about registering for a trademark.

jellybee-GpDSgnWFmwM-unsplash 1

December, 20207 minutes read

12 good reasons for nutritional supplements providers to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for the providers of nutritional supplements. This article presents a concise summary of 12 key reasons why every company in the nutritional supplements sector should think about registering for a trademark.

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December, 20207 minutes read

13 good reasons why startups should think about trademark registration from the very start

Approximately 100 million new businesses are established each year [1]. The failure rate of startups is around 90% [2] and while there is a myriad of factors that influence startup success, we do believe that effective brand protection represents one of them. This article thereby presents a concise summary of 13 good reasons why startups should think about trademark registration from the very start.

image 55

December, 20203 minutes read

Yahoo! or Yahoo India?

This case illustrates the level of protection enabled by a successful trademark registration against providers of similar services that seek to pass off of the good name of this business.

andrew-neel-QLqNalPe0RA-unsplash

December, 20207 minutes read

12 good reasons for online retailers to register a trademark

Are you still wondering if trademark registration is the right course of action for you? Have you heard all the reasons but are left unsure how trademark registration can help your business? This article presents a detailed list of 12 good reasons why trademark registration should be considered by all online retailers.

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Martina Sallay

Head of Legal

Marek Krizka

US Attorney & Legal Mind

Jan Dohnal

Legal Mind