The answer: “Can’t” means one thing, is it legal or not? It should not be surprising that people act illegally. People may still attempt to use your trademark regardless of the law and your trademark protection. However, you have legal recourse should someone infringe on your trademark rights. “Use”...
Do You Need to Be Incorporated to Register a Trademark?No, you don't. In most countries, you can register a trademark as an individual whether you have an incorporated business or not, it does not matter. There are some countries out there that may require you to follow a certain...
Whose Name Should I Apply For My Trademark With?Typically, big corporations don't ask this question because they have already figured it out. They already know through their corporate lawyers which of their entities should hold onto their intellectual property. Also if you are a one-man show without a company,...
Trademark Symbol Copy: Look-Alike and Sound-Alike TrademarksLet's say you come up with a brand, research, and see that someone else has already come up with this idea. Not only did they come up with that idea, but they also trademarked that. And the question is, if you changed your mark...
The Microsoft Example: Trademark Services Gone AmuckLet's say I wanted to start a software company, and call it The Microsoft, or replace all O's in the name with zero's and all I's with ones, so it still looks like Microsoft. I could come up with all sorts of, or add...
Considering Your OptionsEssentially, there are just 4 radically different ways to do it. You can use an online trademark filing service. You can use traditional law firms and attorneys. You can go with the company I founded, Trademark Factory®; Or you can file your trademarks yourself. And I'm going to...
Traditional ServicesYou can use traditional law firms and attorneys. You can go with the company I founded, Trademark Factory®; Or you can use an online trademark filing service. And here, I'm going to explain the benefits and dangers of using such services. I'm also recording videos about the benefits and...
Color is one of the most powerful elements in branding. Think Tiffany Blue, Barbie Pink, or Home Depot Orange. These aren’t just shades—they’re brand identities. But can you actually trademark a color? Yes—trademarking a color is possible, but it comes with strict legal requirements. In this...
THINKING OF TRADEMARKING YOUR BRAND? I get this question all the time, and my answer is always very simple: it really does not matter how much you paid for your brand to be developed. Many of us have brands that we paid nothing for, as we came up with those...