Attorney Aaron Hall

The Harm Caused by Trademark Infringement & Available Remedies

Trademarks are a valuable part of business today. Trademarks inform the world of the source of a product or service. We consider trademarks daily in our consumer needs. Scandals arise in the news about companies and then those companies expend great efforts to reestablish their reputations. This is because once their reputations are damaged, fewer…

Attorney Aaron Hall

Selling a Trademark

A person obtains a trademark when: 1) the mark is capable of being trademarked 2) the person is the first to use the mark in any market on a good or service. 3) A person maintains a trademark by continuous use. What Is There to Sell? A person does not have to register a trademark…

Attorney Aaron Hall

Trademark Basics: Use of Trademarks and Violations

A trademark is a mark used to indicate the source of a good or service. The Benefits of Trademarks Most companies use similar marks on all their products to indicate the company name, among other things. If a company can establish a good reputation it will be likely that a person will consider using all…

Attorney Aaron Hall

Choosing Your Trademark

Trademarks are a valuable part of a business. Trademarks indicate the source of a good or product. A company producing a reputable good or service, marked by a trademark, is likely to create a feeling of trust by consumers whenever consumers see that mark. The opposite is also true. Owners of reputable companies using trademarks…

Attorney Aaron Hall

Is My Trademark Too Similar to an Existing Trademark?

Trademarks protect the originator of a particular mark from its use by others. Goods and services may be trademarked. Once something is trademarked, only the person with the trademarks may use that mark. Others may not. Additionally, others may not use a mark so similar to an existing trademark that the new mark could be…

Attorney Aaron Hall

Maintaining Trademark Registration: How to Maintain Trademark Registration

Begin with Registration There are benefits to registering a trademark. Those benefits are largely obtaining a presumption that you own exclusive rights to that mark. In a lawsuit for trademark infringement, the holder of a registered trademark does not need to prove that the registered trademark is valid. The person challenging the validity must prove…

Attorney Aaron Hall

Trademark Law Basics | Protect Intellectual Property Using Trademarks

What is a Trademark? Trademarks are used to gain recognition by the public, or a subsection of the public, of a particular good or service when a person comes into contact with the trademark. A trademark is a word, name, symbol, device, or combination of these that indicates the source of a good or service….

Attorney Aaron Hall

Can a Generic Term be Trademarked?

Every trademark attorney knows that a generic term cannot be trademarked. However, using a small exception to that rule, Best Buy registered a federal trademark in “best buy,” even though a court had previously ruled that “best buy” was generic. For a great summary of the situation, read Best Buy, Resurrected From the Trademark Graveyard?…