by Evoke Law | Sep 30, 2022 | IP points
Identifying trademark ownership may seem pretty straightforward in a trademark application, but like with anything, mistakes happen — particularly for pro se applicants (those representing themselves and operating without an attorney). While identifying an...
by Evoke Law | Aug 9, 2022 | Trademark, IP points
Historically, clothing is one of the most commonly applied-for categories of goods at the USPTO. However, demonstrating proper use of a trademark on apparel is not as straightforward as it may seem. Often, trademark applications for apparel get rejected based on...
by Evoke Law | Jul 19, 2022 | Trademark, IP points
When selecting a trademark, the goal to choose a mark that is both distinctive and exclusive. Distinctiveness refers to the mark either being fanciful, arbitrary, or suggestive in connection with particular goods or services, rather than merely descriptive. Exclusive...
by Evoke Law | May 17, 2022 | Trademark, IP points, Enforcement, International
As a general rule, it is best to seek statutory trademark protection offensively for the goods/services in the countries where you are operating and plan to operate. That said, please also think defensively about protection in countries known for counterfeiting or...
by Evoke Law | Nov 3, 2021 | Copyright, IP points
Copyright law protects works of original authorship including literary, dramatic, musical, and artistic works. Generally, the “creator” of a work is considered the legal owner and ownership attaches as soon as the work is fixed into a “tangible medium.” In a business...