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Why File a Patent Application and What Happens Next

The process of getting a patent is not fast unless you qualify for expedited processing, which is not easy.

It normally takes several years to go from submission of the application to approval and issuance of the patent. That can be frustrating. 

Some good things happen right away when you apply, however:

  • you can put “patent pending” on the invention, which investors like to see,
  • your application is in the USPTO database of patent applications, meaning it should block any later-filed applications that would infringe on your rights from being approved, 

Continue Reading The Patent Process

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. I’m particularly nerding out over these issues, because my master’s degree project involved training of artificial intelligence systems. Rights to AI-generated content, and to content made on creative platforms, aren’t always easy to understand, and they have a big impact on how you can use it and if and how you can protect it.

There’s no doubt AI is incredibly useful for generating content, though there is
Continue Reading Can You Copyright or Trademark a Logo Designed by AI?

Why do you need an operating agreement for an LLC? An operating agreement is not required by law in Illinois, but you’re doing yourself a disservice not having one. They’re important for banking and financial transactions. They set up a roadmap for avoiding problems and for handling ones that do arise, and they help keep good relationships between owners good.
How do they help with money? Often banks will require an operating agreement in order to open a business bank account for the LLC.. Banks will almost always require an operating agreement when the LLC is taking out any kind
Continue Reading Why Do You Need an Operating Agreement for Your LLC?

In this installment of Trademark Tales of Terror, “Friday the 13th” and the Trouble with Jason Voorhees, we embark on a journey to Camp Crystal Lake, a place cursed by the relentless presence of a silent hockey mask-wearing killer, Jason Voorhees. In the eerie woods of Camp Crystal Lake, Jason Voorhees became the stuff of legends. Armed with a machete and an unyielding thirst for vengeance, he carved his way into the annals of horror history. The “Friday the 13th” franchise brought Jason to life, making him a figure of terror and a cornerstone for the slasher genre.

This is
Continue Reading Trademark Tales of Terror: “Friday the 13th” and the Trouble with Jason Voorhees

As seen in the Trademark Lawyer Magazine newsletter.

Home Chef and Grubhub are battling over their logos, with Home Chef trying to show Grubhub’s trademark application for and use of its new logo should be toast. Home Chef won the first round, obtaining a preliminary injunction against Grubhub, but Grubhub won the second round. Last week Grubhub was handed another savory victory.

To read more, please click the link above.
The post Knives Out Between Grubhub and Home Chef appeared first on King Business and Patent Law.
Continue Reading Knives Out Between Grubhub and Home Chef

You have a great business name, product name, or service name. It means something to you, and it appeals to customers. You’d be in trouble if someone else started using it to steal your customers. So how do you protect that name from being used by others in ways that hurt your business?

Trademark registration. A name is words, so why doesn’t copyright apply? There are long answers, but the short answer is that the law says so.

Trademarks are for business names, slogans, logos, product names, and some types of product packaging. Essentially, trademarks are for the things that
Continue Reading Do You Copyright or Trademark a Business Name?

You’ve chosen the perfect business name and you’re excited about starting to use it. Great! But not so fast. Before you spend time and money marketing under that business name, you need to make sure it is legally a great name, one you can feel confident in using without running into an unexpected cease and desist request or trademark infringement litigation and the potential catastrophe of forced rebranding on a short time scale.

How can you do that? You also need a full search of:

  • the United States Patent and Trademark Office (USPTO)’s trademark database,
  • the internet,
  • all searchable state

Continue Reading Before You Name Your Business, You Must Do This!

Essential Benefits of Trademark Registration – Part 8

This is the eighth in a series of posts about the benefits of having your trademark registered.

In the digital age, where online presence is integral to business success, safeguarding your brand’s identity across the virtual landscape is a priority. Trademark registration grants the power to prevent others from using your mark as a domain name, username, or in online advertising, thereby preserving your online presence and ensuring a strong, authoritative, and cohesive presence in the online realm.

1. Domain Name Protection

Trademark registration extends its protective umbrella to your domain name.
Continue Reading Securing the Digital Frontier: Safeguarding Online Presence through Trademark Registration

Essential Benefits of Trademark Registration – Part 7

This is the seventh in a series of posts about the benefits of having your trademark registered.

In the world of business, where brands are not merely labels but stories that resonate with consumers, effective brand building is a strategic imperative. Trademark registration aids in building a cohesive brand identity. It provides a solid foundation upon which businesses can construct marketing campaigns, ensuring consistent messaging, and establishing brand recognition. This cohesiveness resonates with consumers, leading to increased engagement and loyalty, laying the foundation for a brand’s journey towards recognition and enduring success.
Continue Reading Building Brands that Last: Leveraging Effective Brand Building through Trademark Registration

Essential Benefits of Trademark Registration – Part 6

This is the sixth in a series of posts about the benefits of having your trademark registered.

In the fast-paced world of commerce, where imitation and unauthorized use can compromise a brand’s integrity, safeguarding your unique identity is of paramount importance. A registered trademark serves as a deterrent to potential infringers. When competitors or unauthorized entities see a registered mark, they are less likely to attempt to capitalize on its recognition due to the legal consequences that could ensue. This proactive measure saves valuable time, resources, and potential legal battles in the
Continue Reading Fortifying Your Brand: Dissuading Infringers through Trademark Registration

Essential Benefits of Trademark Registration – Part 5

This is the fifth in a series of posts about the benefits of having your trademark registered.

In an interconnected world, businesses often aspire to expand beyond borders. When markets transcend geographical boundaries, safeguarding your brand’s identity and reputation on an international scale is paramount. U.S. Federal trademark registration provides a foothold in international markets by making it easier to obtain registration in many other countries.

1. Streamlined Application Process

Several international treaties, such as the Madrid Protocol, offer a streamlined process for registering trademarks across multiple countries. Through a single application,
Continue Reading Unleashing Your Brand’s Potential: The Global Protection Benefits of Trademark Registration