Trenam Law IP

  • Six Milestones to Trademark Registration

    The timeline for federal trademark registration typically takes one year but that often depends on the strategy for filing. There are generally two types of trademark registration filings: (1) in-use; and (2) intent to use. An in-use filing is self-explanatory, you are already using the trademark in commerce. An intent-to-use application typically takes longer because… Read full article

  • Drafting Cease and Desist Letters

    Law schools rarely teach the mechanics of drafting ethical and effective cease and desist letters. Most lawyers learn this craft from trial and error. Over 20+ years, we have learned what works and what fails when making a legal demand. Cease and desist letters are categorized into three types: The Furious Demand; The Softball; and… Read full article

  • Five Trademark Strategies

    Following the right trademark strategies and best practices will help you secure the strongest trademark protection available. Many thousands of trademark registrations are granted that are void ab initio (invalid from the start). Even more trademarks contain unnecessary limitations that diminish the scope of their protection. We practice intellectual property law exclusively and have prosecuted thousands of… Read full article

  • Evolution of Fireworks in Patents

    Patents have documented the evolution of fireworks for well over 100 years. All over the world people bring in the 2020 new year with fireworks. How this tradition began is unclear. There are many different hypotheses. Some believe that fireworks were originally invented in China to ward off evil spirits. We may never definitively know… Read full article

  • The Santa Claus Detector!

    With the holidays fast approaching, we were curious to see what sort of holiday-inspired tech has been patented. We came across U.S. Patent No. 5,523,741 which discloses a Santa Claus detector. In one variation, the detector is inconspicuously disguised as a standard Christmas stocking. Thus, a user can hang the device from a fireplace—Santa’s preferred access point. However,… Read full article

  • Can Halloween Costumes Violate Copyright?

    While most Halloween costumes are not eligible for copyright protection there are exceptions and infringement cases have been successfully brought. Each year, tens of millions of individuals and families around the United States participate in annual Halloween celebrations and events. Dressing up as their favorite superhero, monster, villain, or outer space alien is all part… Read full article

  • Offensive Trademarks Protected by 1st Amendment

    Offensive trademarks are protected by the 1st Amendment. The Supreme Court held that the USPTO’s blanket bar on the registration of these marks is a violation of the 1st Amendment. As a result, you can now register disparaging, scandalous, and/or offensive trademarks. Earlier this month, the Supreme Court ruled in Iancu v. Brunetti that §1052(a)… Read full article

  • Trademarks for Cannabis and CBD Products

    New guidelines provide a path to obtain trademarks for Cannabis and CBD Products. However, the restrictions are limiting for most applications. As of May 3, 2019, over 600 pending trademark applications were in limbo while the U.S. Patent & Trademark Office (USPTO) issued refusals on otherwise registrable trademarks claiming cannibis or cannabis-derived goods such as… Read full article