by Stephen Kennedy | Nov 13, 2015 | Blog
In continuing our discussion of the trademark spectrum, we will be reviewing “Descriptive” marks on the blog today. Descriptive marks describe an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services. An example of a...
by Stephen Kennedy | Nov 3, 2015 | Blog
When clients come to me for trademark registration, they usually want to know how strong their proposed mark is. There is no formulaic approach for providing that evaluation, but practitioners may rely on the trademark sliding scale of distinctiveness, also known as...
by Stephen Kennedy | Nov 2, 2015 | Blog
Patent litigation could be forever changed when the United States Supreme Court decides two related cases concerning the test for enhancing damages. The Supreme Court granted certiorari in two cases, Stryker Corp. v. Zimmer, U.S., No. 14-1520, and Halo Electronics,...
by Stephen Kennedy | Oct 23, 2015 | Blog
My large corporate clients follow the “take no prisoners” strategy in protecting their trademarks while my small clients register each of their marks as soon as they are placed into commerce, if not before, using the “intent to use” option...
by Stephen Kennedy | Sep 25, 2015 | Blog
A trademark is a word, symbol, or design used as a source identifier for goods and services. Trademarks help to distinguish one good or service from another and to promote brand awareness among consumers. For example, most consumers would instantly recognize and be...