Trademarks, Goods and State Lines.

I don’t distribute my goods out of state. Can I still trademark my names? The short answer is YES! The Lanham Act (also known as the Trademark Act of 1946) is the federal statute that governs trademarks. Generally, the Lanham Act requires that a mark is used in interstate commerce before it may be registered as a federal trademark. Thankfully, interstate commerce is broadly defined.…

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Clothing Trademarks

Ornamental Refusal? Wait… what? Is your apparel graphic a “brand identifier” or just decoration? An ornamental refusal is when the USPTO refuses registration of your trademark because the specimen submitted with your application shows the use of your mark merely as an “ornamental” or decorative use on the goods and not as a trademark to indicate the source of the goods. Trademarks are used to…

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Franchise Financial Assurance Options

To defer, or not to defer, that is the question. A blog on state registration financial assurance options. As most franchisors know, there are 14 states that require a registration of the Franchise Disclosure Document (“FDD”). Of these 14, nine states will review the franchisor’s financial statements and impose financial assurance requirements if the franchisor’s financial health is not up to…

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