IP Monday Law Blog
The phases of launching a startup move fast, such as branding, prototypes, pitches, and investor decks. But amid the excitement, intellectual property (IP) strategy often gets left behind. The result? Costly mistakes that can derail growth or scare off investors.
Below are the most common IP missteps—and how to avoid them before they become expensive lessons:
1. Skipping the Trademark Search
Falling in love with a name before checking availability is a classic blunder. A professional knockout search can reveal conflicts before you invest in branding, packaging, and websites ...
Why Your Lawyer Keeps Killing Your Favorite Brand Names
It’s Halloween season, and while most people are worried about haunted houses or horror movies, business owners often face a different kind of fright: the dreaded “bad news” from their trademark attorney.
You come up with a brilliant name—catchy, creative, and perfect for your brand. You can already see it on signs, packaging, and social media. Then your attorney swoops in with the scythe:
- “That name is too close to an existing mark.”
- “The industry is crowded with similar names.”
- “It will be tough to enforce if ...
Did you know that one of the most common reasons the United State Patent and Trademark Office (USPTO) refuses trademarks isn’t because of the name itself — it’s the specimen you submit? Let’s make sure yours doesn’t fall into that trap.
This blog will address:
- What counts as a valid trademark specimen.
- The differences between specimens for goods vs. services.
- Common mistakes applicants make (and how to avoid them).
- Why ornamental use can trigger refusals.
Why this Matters
A specimen is proof that you’re actually using your mark in commerce. The USPTO doesn’t just want ...