What are differences between patents and trademarks?

How are patents and trademarks different? The goal of this article is to provide a helpful summary of differences between patents and trademarks that will actually help you in making good business decisions. This is not an exhaustive list of differences. Instead, we will focus on key distinguishing features of each IP right. My hope […]

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What is acquired distinctiveness (secondary meaning)?

What is a trademark with acquired distinctiveness? Some trademarks are inherently distinctive from the start and others are not. Inherently distinctive marks generally include marks that are arbitrary (meaning of mark has no relation to goods/services) or fanciful (made up word) or suggestive (meaning of mark suggest a feature of goods/services). Marks that are descriptive […]

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Why founders should search trademarks before incorporating

Why a trademark search before incorporation makes sense One common pitfall of incorporating is selecting a company name without first conducting a trademark search. Typically, founders consult with a corporate attorney to see if their desired corporate name is available for incorporation without any regard to the possibility that others may have registered a similar […]

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What is an Intent-To-Use (ITU) trademark application?

What is an ITU application? An Intent-To-Use trademark application (ITU application) allows an applicant to apply for a trademark that has not yet been used in commerce. Use in commerce refers to the usage of your trademark in connection with selling or offering the relevant goods or services. After the initial filing, the applicant must […]

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