Trademark Blog

What Are Common Law Trademark Rights?

November 10, 2021November 10, 2021Hilla

The continuing importance of so-called “common law” trademark rights is a source of confusion for those wishing to protect their brands with Federal trademark registration. However, an understanding of the…Continue readingWhat Are Common Law Trademark Rights?

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Attorney John Hilla Quoted in the Detroit Free Press

August 20, 2021September 3, 2021Hilla

Attorney John Hilla was quoted in The Detroit Free Press on August 19, 2021 regarding the General Motors-Ford Motor Co. trademark dispute and the nature of trademark protection in US…Continue readingAttorney John Hilla Quoted in the Detroit Free Press

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Why You Shouldn’t Use a Geographic Term In Your Trademark

July 19, 2021September 3, 2021Hilla

You should not use a geographic term in your trademark. Why? A trademark must uniquely identify the source of the product or service with which it is used to consumers…Continue readingWhy You Shouldn’t Use a Geographic Term In Your Trademark

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Can Rat-Man Register His Name as a Trademark?

July 12, 2021September 3, 2021Hilla

Can a superhero register his or her name as a trademark? How do the trademark eligibility requirements jibe with the activities of the night-prowling fighters for justice that we all…Continue readingCan Rat-Man Register His Name as a Trademark?

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Should I Register a Trademark for a Name or Logo First?

June 8, 2021June 8, 2021Hilla

Whether or not to register a trademark for a business or product name or for a logo first is probably the most common question prospective clients ask. Often, for individual…Continue readingShould I Register a Trademark for a Name or Logo First?

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Can I Register a Trademark for My Restaurant or Food Truck?

May 14, 2021July 8, 2021Hilla

You can and should register a Federal trademark for your restaurant or food truck—so long as it meets the requirements for registration. What are those requirements, and why should you…Continue readingCan I Register a Trademark for My Restaurant or Food Truck?

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Your Options after Trademark Registration Refusal

May 4, 2021May 7, 2021Hilla

So you’ve received a Final Office Action. Your trademark registration application is refused. What now? What are your options? First, be clear that a trademark registration refusal does not mean…Continue readingYour Options after Trademark Registration Refusal

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What Is the Trademark Registration Publication Phase?

April 24, 2021May 4, 2021Hilla

The publication phase is the second step in the Federal trademark registration process. When applying to register a trademark with the US Patent and Trademark Office (USPTO), your application will…Continue readingWhat Is the Trademark Registration Publication Phase?

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How Long Does a Federal Trademark Last?

April 14, 2021May 4, 2021Hilla

Federal trademark registration, unlike copyright or patent protection, does not protect your right to a business name for a fixed period of time. The protection of Federal trademark registration lasts…Continue readingHow Long Does a Federal Trademark Last?

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When Has a Trademark Acquired Distinctiveness?

March 27, 2021March 27, 2021Hilla

Acquired distinctiveness is a basis upon which a trademark that otherwise could not be registered otherwise may be registered. That is, when a proposed trademark is denied registration because the…Continue readingWhen Has a Trademark Acquired Distinctiveness?