A trademark opposition is no fun, especially when you thought you were in the clear. But it definitely doesn’t have to be the end of the road for your trademark application.

For so many, the term “IP” is a part of everyday life, but most Americans may only have the vaguest idea of what the term actually means. No, the IP I’m referring to is not your IP address that identifies your computer network. Be it in news reports, common usage, or in the disclaimers on many products, “IP” impacts our lives on a daily basis and in many ways we don’t even consider. The IP I’m referring to is intellectual property. Intellectual property is an intangible creation that may be protected with a trademark, copyright or patent. When you’re a creator, this is the most important type of protection you may ever need to be concerned with. Below is a brief explanation of the types of intellectual property and where you might see them.

The Digital Millennium Copyright Act (DMCA) allows anyone with a claim to unique work to help preserve their ownership and use of it through what is known as a DMCA takedown notice. This notice serves to alert companies hosting your copyrighted work that it is being used illegally and without your consent to serve the purposes of another. 

Have you ever been browsing through the internet and you find a photo that you have taken and you realize it’s not your account that posted the photo? If so, you’re not alone. What’s even worse, it may not even be someone reposting your content and giving you credit. When this happens, there are typically 3 routes you can take to rectify the situation. 

Every single day I have a client say, “Oh! I didn’t know that could be copyrighted!” Because of this, I’ve decided to compile a list of 50 things that can be copyrighted. I won’t go into the details about copyrights here, but you can read about the basics of a copyright here. 

I know you’ve heard of a trademark. And you’ve probably heard of trademark infringement. But do you know what it actually is? Sure, trademark infringement could be when another business uses the same name of your business. However, it is MUCH MORE than that!

There are countless reasons why you shouldn’t wait. I’ll be sharing 3 of those reasons with you in this post. On the other hand, there are reasons you may not want to file. This is a completely personal business decision, but I do highly suggest consulting with your trademark attorney to make the best determination for you. Making the wrong decision could cost you thousands of dollars, so it’s important to make the determination ASAP. 

With the evolution of the internet, new businesses are popping up every minute. Some of these businesses thrive on the infringement of other established brands. Brand protection is an all-encompassing program every business must implement in order to combat infringement. 

If you’re a business owner, you may have heard that you need to trademark or copyright your logo. You also may be confused by both protections. Which does what? Do I really need it? How much is it? How will it protect me? I know, you have probably have a million questions. In this post, I will be answering which one you need for a logo and why.

The trademark process can widely vary, but you can count on a minimum of 6 months until receiving a registration. However, most applications take 9 months to a year to receive an official registration.

Bloggers and influencers own a brand – their voice. There’s no question, that brand must be protected.

The days of only paying sales tax for purchases made the state you’re physically in are gone. With the Supreme Court decision of Wayfair v. South Dakota, states are now allowed to collect sales tax from companies that conduct a certain amount of business in the state. Find out whether you should be collecting sales tax from everyone.

Your google search and trademark database search may not be enough. you could possibly save you and your business thousands of dollars by running an official name search as soon as possible.

If you’ve received an office action in response to your trademark application, you may start to stress. Don’t worry yet. You may still have a chance of getting approved. Learn how to complete your response, or schedule your free 15-minute consultation to determine your best course of action!

Handle your own infringement matters with this free guide with a free cease and desist template!

Although trademarks and copyrights are both a form of intellectual property, copyrights protect creative works and trademarks protect a company’s branding. Make sure you know what you’re wanting to file before wasting money on an application.

If you want to avoid copyright infringement, be 100% original. But if you’re going to use inspiration, make sure to keep these guidelines in mind to help prevent copyright infringement.

Whether you’re unable to afford the trademark process right now, or you just don’t want to go through the process, you may still have common law trademark rights. They’re not the same as having a registered trademark, but you do still have rights!