When selecting a potential trademark, it is important to minimize the risk of "likelihood of confusion" between your mark and an existing mark. The test for whether your mark is "confusing" with an existing mark (and therefore subject to potential rejection and/or challenges) is not simply whether the two marks are different when compared "side by side." The test is whether the two marks create the same overall impression, which is a much stricter standard and involves careful legal analysis.
Disparaging Online Posts- Protect Your Brand, Officers, and Company
Competition in the marketplace has become fierce and, in some cases, improper. An improper review or comment about a company's products, services, or executives by a competitor can have long-term negative effects on your brand and reputation. This type of improper activity may constitute actionable unfair competition, disparagement, defamation, and other causes of action. Protect and enforce your rights and be proactive about "shutting down" this type of improper conduct.
Buying a Business- Transfer Those IP Rights!
If you purchase or otherwise acquire a business, be sure to properly transfer or assign any existing intellectual property rights, including trademarks, copyrights, and/or patents. This is often overlooked by individuals and companies who purchase an existing business or the assets of a business. This is an important step that will spare you issues and potential disputes down the line.
Difference Between Trademark and Copyright
I'm often asked to explain the difference between a trademark and a copyright. A copyright protects authors' "original works" including literary, musical, dramatic, and artistic works, while a trademark is a word, brand, logo, slogan, packaging that serves to distinguish your goods or services from those of others.