IP Monday Law Blog 

In the NIL era of college sports, athletes are moving fast: launching personal brands, apparel, and merchandise, while attention is high. Speed matters. But when a brand name feels instantly familiar, that familiarity can sometimes be a legal warning sign rather than a strength.

I’m seeing a growing pattern: NIL brands built around phrases that intentionally echo well-known movie titles, characters, or pop-culture names, often through rhyme, cadence, or wordplay. They feel clever and marketable. And they often create trademark risk that isn’t obvious at first glance.

In addition to his practice as an attorney, blog author Mikhail Murshak is an adjunct Professor in Intellectual Property (IP), Trademark and Patent Law at Michigan State University College of Law.

The start of 2026 brings energy, momentum, and predictably, the same intellectual property mistakes I see every January.

For startups, it often looks like moving fast without realizing that public launches, pitch decks, websites, and demos can quietly destroy patent rights if filings are not in place. For established companies, it usually shows up as brand expansion, new offerings, or ...

The United State Patent and Trademark Office (USPTO) recently released its year-end trademark performance report. Examination timelines are improving, backlogs are shrinking, and quality remains consistently high; strong news for businesses working to build and protect their brands.

First Actions Are Much Faster

In FY 2025, the average time to first Office Action dropped to 5.6 months, outperforming the USPTO’s 6.7-month goal.

For businesses, that means:

• Earlier clarity on registrability
• Faster brand decision-making
• More efficient trademark protection timelines

Every December, my kids start whispering to each other and scribbling notes they think I can’t see. They’ve got a big secret: their wish list for Santa. They treat it like classified intel. Folded notes under pillows and sudden silence when I walk into the room. And honestly? They’re doing it right.

In the world of business, some “secrets” deserve the same careful treatment, we just call them trade secrets instead of holiday wishes.

What Makes a Trade Secret Special?

A trade secret is any information that has economic value and gives your business an edge because it is not ...

You’ve brainstormed, tested, and designed the perfect brand name. However, before you buy that domain or print your first label, one quick trademark search can save you from costly heartbreak. The strongest brands don’t just look good, they clear early. A knockout search is the first step to making sure your next big idea actually belongs to you. 

The following post will help you learn:

• What a knockout search really is and why it matters.
• What your IP attorney looks for when reviewing search results and how involving an attorney early on can protect both your brand and your budget.
• Why ...

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 ...