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Geographically Descriptive Trademarks--Why Not?

Posted by Brandon Selinsky on Mar 14, 2017 3:18:33 PM

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Why Can't I use my home town as my brand?

A trademark is part of your branding, a way to identify the source of your product or service. In many ways, the stronger the brand, the stronger the trademark. However, there are situations when common branding rules diverge from the United States Patent and Trademark Office’s (PTO) rules. One such situation is when the mark reflects the geographic source of the product or service, known as geographic descriptiveness.

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Topics: Trademark Attorney, Intellectual Property, Intellectual property attorney, trademark law attorneys, trademark lawyers, trademark protection

Protecting Your Trade Dress

Posted by Brandon Selinsky on Dec 6, 2016 8:08:42 PM

What is the difference between Trademark and Trade Dress?

Trade dress constitutes a “symbol” or “device” within the meaning of §2 of the Trademark Act.[1] It encompasses the “total image and overall appearance” of a product, not just the packaging: the totality of the elements, including size, shape, color or color combinations, texture, and graphics. Trade dress can be the design of a product (the product shape or configuration), the packaging in which a product is sold, the color of a product or of the packaging in which a product is sold, or even the flavor of a product.

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Topics: Trademark Attorney, Intellectual Property, Intellectual property attorney, intellectual property law, trademark law attorneys

Alcohol Tobacco Tax Trade Bureau--Managing Our Vices

Posted by Brandon Selinsky on Dec 3, 2016 3:33:50 PM

Who's in Charge of the Beer?                                        

In the realm of brewing, the Alcohol and Tobacco Tax Trade Bureau, or TTB, evaluates things at several different stages:

  1. Operations approval
  2. Formula approval
  3. Beer label approval

Great American Beer Festival season is upon us and our turns our thoughts to beer.[1] In recent years, discussions of brewing law have often revolved around trademark disputes, which have become increasingly contentious and numerous. But trademark disputes are like the early arrival of pumpkin beers: we need a break from all that. Instead, we are going to look at the decidedly less sexy—but equally important--topic of the TTB.

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Topics: Trademark Attorney, Intellectual Property, Intellectual property attorney, intellectual property law, Trade Mark Attorneys

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