BW INSIGHTS

That’ll Work! Or, Will It? The Tricky Nature of Trademark Specimens of Use!

By Christopher Proskey | 10.30.2024

Anyone can file a trademark whether the mark is being used or not. However, a trademark will only be “Registered” after proof of use is submitted to the USPTO through what is called a “Specimen of Use”. A Specimen of Use is exactly that, an example that is submitted to the USPTO showing how the trademark is actually being used in commerce. Sounds... Read More

DEATH, TAXES & TRADEMARK SCAMS!

By Christopher Proskey | 10.10.2024

As an Intellectual Property Attorney, there are three unavoidable forces in the universe: (1) Death, (2) Taxes, and (3) Trademark Scam Letters. An unfortunate reality today is that at least one Trademark Scam Letter follows virtually every trademark filing. For this reason, we tell all of our clients to be extra vigilant about these Trademark Scam... Read More

It’s Hip To Be Square! But Can You Protect A Square Cheese Curd With IP?

By Christopher Proskey | 07.31.2024

As famously said by Huey Lewis: It’s Hip To Be Square! But that raises the question: Can you protect the shape of a square cheese curd? Let’s find out! There is nothing I enjoy more in my career than finding ways to meaningfully protect what is unique about a brand through the use of creative Intellectual Property (“IP”) strategies. A fun and... Read More

Brand Owners: “Your True Colors Are Beautiful” – And Worthy of Protection! Have You Filed a Color Trademark Yet?

By Christopher Proskey | 02.28.2024

As a child of the 1980s, I’d be remiss if I didn’t kick this blog post off with a nod to the pink-haired Cyndi Lauper (a trademark owner herself), who perhaps said it best in her 1986 hit “True Colors:” “I see your true colors Shining through I see your true colors And that's why I love you So don't be afraid to let them show Your true colors True... Read More

What is "Virtual Patent Marking" and Does It Make Sense for Your Business?

By Christopher Proskey | 03.28.2023

Have you ever seen a product with the words “Patented” “Patent No.” Pat. No.” or similar language printed on it? If you have, you have seen an example of patent marking. The purpose of patent marking is to provide notice to the public that the product is patented. A patent owner is not required to mark a product as “Patented.” However, there are... Read More

The Supplemental Register - What is it? How is the Supplemental Register Different than the Principal Register?

By Christopher Proskey | 02.06.2023

Wait! What? There are different kinds of federal trademark registers? The answer is Yes. There are two types of federal trademark registers – The “Principal Register” and the “Supplemental Register.” In this blog I hope to provide some insight on the differences between trademarks registered on the Principal Register and the Supplemental Register.... Read More

Trademark Symbols – “®” “TM” “SM” – What Do They Mean and When Should I Use Them?

By Christopher Proskey | 01.10.2022

I’m often asked the question “What do the Trademark Symbols – “®” “TM” “SM” – mean, and when should I use them?” Only One Rule: There is only one rule that you have to follow when it comes to the use of trademark symbols, and that is: You cannot use the “®” symbol unless and until the trademark is officially registered by the United States Patent... Read More

Big Developments In European Patent Protection – The Myth of a European Unitary Patent May Soon Become Reality

By Christopher Proskey | 12.13.2021

Filing patents in Europe has always been challenging, and unsatisfying – if not downright disheartening. That’s because there has been no way to get comprehensive patent coverage across the European Union. In the U.S. you can get one patent that covers all 50 States. No such system exists in Europe. Instead, in Europe to get comprehensive coverage... Read More

Slashing Costs? Don’t Let The Abandonment Of Your IP Portfolio Be “A Permanent Reminder Of A Temporary Feeling.”

By Christopher Proskey | 03.25.2020

Economic crisis, Jimmy Buffett and IP portfolios, here we go. I’ve spent the last two weeks talking with clients, colleagues and friends all over the world trying to wrap my head around the current situation we’re in as a result of the COVID-19 pandemic. These conversations have confirmed the entire world is doing what we’re doing – staying home... Read More