It’s funny because it’s true, teenagers don’t want to talk. Not to nosy parents, not to teachers, not to coaches. Definitely not to anyone who isn’t at least 5% charged.

At least, that’s what we (as adults) tell ourselves. But what if the answer has been sitting right in front of us the whole time? What if the questions are just… bad?  Or, at the risk of sounding a little meta, what if better questions change the conversation entirely?

One that actually ...

Either way, in trademark law, color is not preferred! Despite how counterintuitive it seems, black and white still rules supreme when it comes to filing design trademark applications, and for good reason.

The Black-and-White Rule

Under long-standing United State Patent and Trademark (USPTO) practice, a design mark filed in ...

During the diligence step for an M&A, it is surprisingly common to discover that some of the entity’s intellectual property (IP) was never formally assigned to the company in the first place. It's not the patents or the registered trademarks; it’s the overlooked assets.

Assets such as:

• Website content and marketing copy
• Graphics, videos, and blog articles
• Software written by contractors
• Domain names registered under a founder’s personal account
• Internal ...

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.

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 ...

This blog discusses what's really happening behind the scenes and what you should be ready for when someone wants to share their "million-dollar idea" with you.

1. The Surprise Pitch: “Can I Tell You My Idea?”

It sounds harmless, maybe even a little flattering. But legally? It’s a minefield.

Because ...

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

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 ...

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 ...

When the Dough Rises Too Close to Home

Fictional Scenario: For 30 years, Tony’s Brick Oven Pizza has been the pride of downtown Lansing, Michigan. Same family, same oven, same neighborhood aroma that says: 'Friday night is pizza night.' Then one day, Tony gets a letter. A fast-growing national chain called Tony’s Fire Pie™ ...

If you give the examiner fewer, cleaner claims up front, can the USPTO move your case faster and improve examination quality? Short answer: They’re going to try. Long answer: If you qualify and you’re strategic, this could be a legitimate speed boost.

Let’s break down what this is, who qualifies, and how I’d use it.

1. What is the Streamlined Claim Set Pilot?

It’s a special-status program. If you’re accepted, your patent ...

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 ...

In the wake of the shutdown 

On October 1, 2025, the government entered a shutdown at ...

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 ...

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 ...