“The Fool Doth Think He is Wise,” (As. V. i. 30)
‘“But the wise man knows himself to be a fool,”’ recalls the jester Touchstone in Shakespeare’s As You Like It. (As. V. i. 30-31.) Touchstone’s jest informs the creation and marketing of intellectual property. In today’s world that means the wise obtain a...
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“What’s in a [Trade] Name,” (II, ii, 43)
Juliet said to Romeo, “’Tis but thy name that is my enemy.” (II, ii, 38.) Yet when choosing a trade name to identify their business, or some aspect of it, many companies fail to do more than see whether they can register their business name with the Secretary of...
Overcoming Refusals to Register a Trademark Based on Likelihood of Confusion
Refusals to register a mark based on likelihood of confusion with a preexisting registration or earlier filed application can be difficult, especially where the marks are identical or otherwise confusingly similar and the goods or services are closely related. If the...
Why You Should Spend the Money for a Patentability Opinion
There are at least two reasons why a competent and well-reasoned legal opinion on patentability is critical to your success. First, knowledge of patentability is foundational to making business decisions, not only about the cost and effort to obtain a patent, but also...
What Should I Expect In My First Meeting With An IP Lawyer?
Your Intellectual Property lawyer should ask several initial questions so that he or she can best serve your needs. IP legal counseling services became somewhat commoditized after the 2008 recession. Your lawyer is your advocate, on your side. His or her hard...
Why You Should Consult an IP Attorney Before You Brand Your Business
How is coming up with a brand for my business related to intellectual property? Profoundly, if you want to avoid costly trouble down the road. Skipping the formalities will potentially invite more hardships. By “branding a business,” most people mean selecting a name...
Three of the Most Common Patent Errors Made by Companies
Many small and medium sized enterprises (SMEs) believe they lack the means, including financial power, to obtain patents on their inventions. However, just as for multinational corporations, the mechanisms exist for SMEs to innovate and protect themselves. Here are...
Three of the Most Common Trademark Errors Made by Companies
You have a great product or service and are ready to go to market with it. Now what? Before you spend significant amounts of money investing in a particular trade name or trademark, there are several things you need to know to ensure your brand launch will be...