Know Your Rights: Your IP and Business Law Playbook

Know Your Rights: Your IP and Business Law Playbook

por Julie King

Negocios Educación

Temporada 2025

How Do You Choose a Strong, Protectable Business Name?

To avoid these pitfalls, aim for names that are suggestive, arbitrary, or fanciful: Suggestive: Hints at what you do without being too obvious (e.g., “Netflix” suggests movies but isn’t just “Online Movie Rentals”) Arbitrary: A common word used in an unrelated context (e.g., “Apple” for computers) Fanciful: A completely made-up word (e.g., “Xerox,” “Kodak,” or “Nanker Phelge”) A great business name isn’t just catchy; it’s legally strong. Before committing to a name, conduct a trademark search and consult an intellectual property attorney to ensure you’re building your brand on solid legal ground. #trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

Can You Get Trademark Registration for a Name that Is Generic, Descriptive, or a Surname?

Sometimes, a mark that suffers from the ailment of being generic, descriptive, or primarily a surname (or some other problems) can be registered on the USPTO’s Supplemental Register, which is like the opening band before the main act (or the junior varsity team if you prefer a sports metaphor). It doesn’t give you the full rights being on the Main Register does, but it’s better than having no kind of registration. Then, over time, the mark may gain enough fame to qualify to be on the Main Register. It’s far better, though, if you can, to start with a name that qualifies for the Main Register. #trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

Why Can Last Names Be Trademark Trouble?

Many businesses are named after their founders, but if your business name is primarily a surname, you could run into trademark challenges. The USPTO generally considers surnames to be not inherently distinctive, meaning they don’t qualify for trademark protection unless you can prove that the mark is more than just a surname. For example, “Jagger’s Bakery” or “Richards Consulting” may not be eligible for trademark registration unless you can demonstrate one of the following: Consumers associate that surname specifically with your business, rather than just recognizing it as a common last name; The mark has a secondary meaning, like King standing for the concept of royalty or being the biggest or best, like “I’m a King Bee,” not just being my last name; or There are other important words in the mark that make the mark more than just a surname (these have to be words that aren’t generic or descriptive terms). Big brands like McDonald’s and Ford successfully registered their names because they built strong brand recognition over time, but new businesses using common surnames will face an uphill battle in securing exclusive rights. #trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

What Can Happen if Your Trademark is Too Generic or Descriptive?

When starting a business, choosing the perfect name is one of the most exciting and crucial decisions you’ll make. You want a name that tells customers what you do, is easy to remember, and stands out in the marketplace. Here’s the catch: if your name is too generic or merely descriptive, you could be walking straight into a trademark trap that leaves you legally vulnerable and unprotected. You don’t have to be practiced at the art of deception and have an infringing name to be denied trademark protection. Many business owners don’t realize this issue until it’s too late. Imagine investing thousands in branding, signage, and marketing only to discover that your business name can’t be legally protected. Worse yet, a competitor could use the same or a similar name, and you’d have no legal recourse. #trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

Why Should You Work with a Patent Attorney for a Patent Search? Julie's Been Working for the Patent Squad

Why Should You Work with a Patent Attorney for a Patent Search? Partnering with patent attorneys for patent searches provides peace of mind. (Now, say that 10 times fast!) Patent attorneys not only conduct in-depth searches but also interpret complex and nuanced legal results, offering guidance tailored specifically to your situation. Now, by law, patent agents aren't allowed to give you legal advice about search results. Only patent attorneys are allowed to do that. Skipping a patent search is a gamble. Period. The consequences of being wrong about whether your invention is unique and not infringing on someone else's patent rights can be awful and expensive. I won't force a client to have me do a patent search, but if they don't have me do one, I hope the odds are ever in their favor, and they might end up having to spend more money down the road than they would have on an initial patent search. By dedicating the time and resources upfront to have the necessary patent searches done and analyzed, you're investing in the health and longevity of your business. #patent #patents #iplaw #patentattorney #patentlaw #patentlawyer #patentsearch

The Trademark Traps of Generic, Descriptive, and Surname-Based Business Names: You Can't Always Get What You Want

When starting a business, choosing the perfect name is one of the most exciting and crucial decisions you’ll make. You want a name that tells customers what you do, is easy to remember, and stands out in the marketplace. Here’s the catch: if your name is too generic or merely descriptive, you could be walking straight into a trademark trap that leaves you legally vulnerable and unprotected. You don’t have to be practiced at the art of deception and have an infringing name to be denied trademark protection. Many business owners don’t realize this issue until it’s too late. Imagine investing thousands in branding, signage, and marketing only to discover that your business name can’t be legally protected. Worse yet, a competitor could use the same or a similar name, and you’d have no legal recourse. In this episode, I cover: What Can Happen if Your Trademark is Too Generic or Descriptive? 0:00 No Security: Why Are Generic and Descriptive Names a Problem for Trademarks? 0:52 Mr. Pitiful: Why Can Last Names Be Trademark Trouble? 2:44 Can You Get Trademark Registration for a Name that Is Generic, Descriptive, or a Surname? It’s Not All Doom and Gloom: The Supplemental Register 4:02 What to Do: How to Choose a Strong, Protectable Business Name 4:46 Do As I Say, Not As I Do! 5:40 You Can't Always Get What You Want, But If You Try Sometimes, Well, You Just Might Find You Get What You Need 6:28 #trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

What Do Patent Search Results Mean? Should I Stay or Should I Go?

What Do Patent Search Results Mean? And once the thorough patent searches are done, what happens next? Results from patent searches are powerful knowledge if they're analyzed properly. Evaluating the search results carefully is crucial. If potential problems emerge, it's essential to address the severity of each issue. Not every potential problem is equally problematic. Minor issues may be able to be resolved through small adjustments to your invention. However, if significant issues arise, such as finding a patent that closely mirrors your invention, you might face a more serious decision. A patent attorney can provide clarity on the legal landscape, guide you through risk assessment, and suggest strategies to help you safely navigate forward. Your decision to stay the course, pivot your plans, or pause entirely will be better informed and strategically sound. #patent #patents #iplaw #patentattorney #patentlaw #patentlawyer #patentsearch

How Do You Do a Patent Search, and Can You Do a Patent Search Without a Patent Attorney? Overpowered by Prior Art

Some patent searching can be done on your own, and should be, and some should be left to the professionals. Here’s the difference. First, I’ll tell you a secret: it’s not a bad idea to start with a DIY search! You might not hear that from many patent attorneys, because, after all, doing searches for clients is part of how we keep the lights on, but sometimes our expertise, and more importantly, client money, is wasted on a search that a little DIY digging could have handled. Here are good resources for a DIY search (we use them as professionals, too): The U.S. Patent and Trademark Office (USPTO) provides free access to its vast patent database, allowing you to search by keyword, inventor, or specific patent classifications. Google Patents is another excellent tool, offering intuitive search features and global coverage. The World Intellectual Property Organization (WIPO) also offers international patent search capabilities. International patents can stop a US application from being granted, even without any US rights, so it’s wise to look globally. General Googling and searching on sites like Amazon are also great tools. If you do a quick DIY search and you find inventions that are clearly identical or similar to yours, you know you have a problem without spending any money. At that point, it’s back to the drawing board. Once you’ve made changes that make your invention different from the ones you found, or if you didn’t find anything obviously problematic in your searching, it’s time to have a professional search done to be sure. Although DIY searches can be useful, professional patent searchers and attorneys bring specialized expertise and deeper analytical insight. They can help identify subtle distinctions between inventions and know which ones matter and which don’t. They can also help you decide which kind of search, or combination of searches, will suit your unique situation best. Here's something to keep in mind about patent searches, whether you’re doing a preliminary DIY search or having a patent attorney do one for you: in the US, patent applications usually aren’t published until 18 months after they’ve been filed, and provisional applications are never published. Patent attorneys can’t access unpublished applications. That means that no patent search can be 100% accurate. However, given the vast amounts of patents, applications, and other sources of information about inventions that are available, patent searches are still significantly important tools. By using both DIY and professional patent searches and understanding how to do them effectively, you're safeguarding your invention, minimizing risks, and positioning your idea for future success. #patent #patents #iplaw #patentattorney #patentlaw #patentlawyer #patentsearch

What Are the Different Kinds of Patent Searches and Why Are They Important? The Magnificent Five

There are five main types of patent search, and here’s what they’re called, what their purpose is, and when they’re used. This covers:Novelty (Patentability) Search Freedom-to-Operate Search Validity/Invalidity Search State-of-the-Art Search Landscape Search Too many inventors shy away from patent searches because they think patent searches are too expensive. The thing is, it’s much less expensive to do a search than to deal with the consequences of not doing one and finding out the hard way you should have done one. Some inventors get confused and intimidated by not knowing what kind of patent search they need. Now that won’t be you. #patent #patents #iplaw #patentattorney #patentlaw #patentlawyer #patentsearch

Why Are Patent Searches Important? Know Your Rights

You have a great idea and think you're ready to move forward with sales or applying for a patent. But are you really? Have you checked whether someone else already has rights to an identical or similar invention? Do you truly know all existing technology in that field? Many inventors and business owners skip comprehensive patent searches, assuming their idea must be unique simply because they haven't seen it before. Unfortunately, this oversight can lead to costly legal battles, wasted investments, and immense disappointment. Conducting patent searches early in the invention process protects you by clarifying potential conflicts and ensuring that your time, energy, and resources are directed toward viable opportunities, not wasted on something that will cause trouble for you. Think of patent searches as a vital early step that will help prevent disastrous and costly surprises.

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