Trademark registration requires specialized legal expertise and knowledge to insure proper protection for valuable brand assets, and to safeguard and maintain them over time. Trademark registration and protection principles are not easily mastered without the guidance of an experienced specialist in the field. For this reason, trademark attorney Cheryl Hodgson, founder of Brandaide, has chosen to provide a foundational knowledge base to guide the non-specialist in advising their business clients. You will also find commentary on advanced trademark registration and brand enforcement topics to assist with specific issues that can arise when advising clients. Where further guidance can be helpful, Cheryl is available to guide and consult other attorneys, to insure their clients receive the best possible guidance and counsel regarding brand protection.
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Counseling Clients
6 Steps to Create a Valuable Brand
There are six steps to build a valuable brand, Investigate the market place, Navigate the result, Select a trademark you can register, register with a plan, establish and monitor proper trademark use, and enforce your rights when necessary. [read more]
Arbitrary Trademarks are Strong Marks
An example of a trademark made from “Cotton Candy” shows the value of an arbitrary trademark. On the trademark continuum of protection, from strong to not protectable, arbitrary marks are as good as they get. It’s good to learn from a company that selected a great arbitrary mark. [read more]
5 Choices for a Trademark-2 are Really Bad
Learn about the types of marks and why two of them make bad choices as a brand name or trademark. A strong trademark is vital to the brand building process. When selecting a trademark to marry to your brand values and message, it’s important to know where a proposed brand name lands on the continuum of legal protection. The ability to protect your mark should inform your final trademark selection [read more]
How to Choose a Good Trademark
In this Brandaide Conversation, trademark experts Bill Finkelstein & Cheryl Hodgson discuss on what makes for a good trademark. Before launching a new product or service, it’s important to choose a strong trademark. Most important, when choosing a mark, you want to select one that will be memorable and distinctive. [View More]
Why Pepsi & Apple Are Great Brand Names
In this Brandaide Conversation, our resident trademark registration experts Bill Finklestein & Cheryl Hodgson discuss why Pepsi and Apple such strong trademarks? Look to Pepsi and Apple as examples to learn from when selecting your own strong trademarks. [View More]
Why should a client perform a professional trademark search?
Clients often want to by pass the search process, instead relying upon the Trademark Examiner to do the job. That’s not always a good idea. Here’s why. [read more]
Police Your TM Rights in 5 Steps Easy Steps
Trademark owners are required to monitor the market place and “police” their trademark rights. Failure to do so over time will result in a loss of valuable Intellectual Property rights. [read more]
Protect Your Brand in Web 2.0
This World Trademark Review round table of experts shares how to protect your brand in Web 2.0. A must read for all business owners with a brand to protect. [read more]
Create a Social Media Policy
As the Trademark Roundtable continues, the experts share why brands need to create a social media policy, and share tips for best practices when doing so. [read more]
The Trademark, Domain Name Connection
Domains names are not trademarks
There is often confusion as to the difference between registration of a domain name and a trademark. Domain names are not trademarks unless properly used. [read more]
Cyber security for your trademarks in gTLD’s
Cyber security for registered trademarks is now available by registering with the Trademark Clearinghouse. Are your trademarks secure from online thieves? [read more]
Protect Trademarks from gTLD poaching
There are hundreds of new generic Top Level Domains. Trademarks are at risk of being poached in the new domain endings. Are your trademarks registered with the Trademark Clearing House? [read more]
Trademark Registration Practice
Lawyers Guide to Trademark Consent to Use Agreements
Consent agreements are not to be entered into lightly. However seemingly routine, there are pitfalls for the unwary. The trademark consent to use agreement should be used only when it is clear there truly is no likelihood of confusion, and the parties have agreed upon steps to insure future confusion in the market does not occur. [read more]
International Trademark Registration
Guide to Foreign Trademark Registration
International trademark registration has become vitally important for online brands. Brand owners selling in the global market are well-served to understand the basics of international trademark registration, lest their brand disappear. Two real client stories to guide you. [read more]
Foreign Brand Owners’ Guide to US Trademark Registration
US trademark registration is not only available to U.S. trademark owners. Foreign based brands can also obtain a US trademark registration. This guide to US trademark registration will guide non US based trademark owners on how to secure a US trademark registration. [read more]
Understanding International Trademark Registration
Is your client expanding outside the U.S.? Is an international trademark registration necessary? The process can be confusing. Here are the basics which can help clients understand how the process works. [read more]
Specific Trademark Registration Topics
Can #Hashtags be Registered as Trademarks?
Trademark registration for a hashtag is possible if the hashtag is used to promoted goods and services, not just as a way to organize content. Learn the rules here. [read more]
How to Trademark an Artist Name
There are specific rules for how register artist names for sound recordings, as book authors.The music group ABBA paved the way for a trademark for artist names for music recordings and videos. Here are the rules. [read more]
Trademarks for Music Groups
In this Loud Trax Interview, Attorney Cheryl Hodgson discussed the two most important things a music group must do. First, agree who owns the band brand name and document it in writing. Secondly register the name as a trademark with the U.S. Trademark Office in the name of the group’s entity or the name of the owner. [read more]
Maintaining Trademark Rights
Proper Use
There is an old expression: “Hung by the tongue,” meaning something is said that one lives to regret. When it comes to trademark use, this saying is particularly true. Trademark owners are required to establish and maintain proper trademark use, including monitoring use of the mark by third parties. [read more]
Prevent Loss of Rights by Genericide
Genericide is a process whereby a brand name or trademark is transformed through popular usage into a common noun. Aspirin, zipper, escalator, thermos. Legal rights in the trademark are lost. [read more]
5 Reasons Your Application with be Rejected
Did you know 87% of all trademark applications receive an initial rejection. Many of this can be avoided with proper preparation to make a big difference in the outcome. Preparing your brand names for successful registration is one of them. There are common mistakes made in trademark filings, which can be avoided with proper preparation. Here are five reasons you might experience rejection and how to avoid them. [read more]
How to Spot an Internet Domain Bully
Not all domain containing a third party trademark are cybersquatters. Some are innocent domain owners and victims of an Internet Domain Bully. These are also called Reverse Domain Name Hijackers [read more]
Trade Dress as a Trademark
Trademark registration is available for more than words and logos. Don’t overlook trade dress which is also valuable Intellectual Property. The lay out and design of the Apple store, with its clean tables to displace the products is registered and protected as a trademark. Trade Dress can also include color, product shapes such as the shape of the Coca-Cola bottle, the Adidas stripes on the shoes, to name a few. [read more]
Intellectual Property and Brand Valuation
Valuation of a company by a professional is common and necessary when it comes time to sell a business, buy out partner, or any other number of reasons. A valuation determines the value of a business based upon tangible assets such as cash, real estate and equipment. It also includes intangible assets such as patents trademarks copyrights and trade secrets, often the most valuable assets of all. Learn the basics. [read more]