Bah Humbug-USPTO Increasing Trademark Fees

As seems to be the case with everything lately, the USPTO has announced it is raising its trademark fees on January 18, 2025. This includes a major shift in how application fees are handled. As a result, Trust Tree has updated its fees as well. Here is a summary of the major changes. Application Filing […]

Tiger’s Trademark is Not Out of the Woods

Tiger Woods’ new venture, Sun Day Red, is facing a trademark dispute from Tigeraire, which alleges that the Sun Day Red logo is too similar to its own. This dispute underscores a common issue in trademark law: trademark weakness. A mark’s strength is measured by its conceptual strength (that is, its distinctiveness) and its commercial strength (its […]

Where You At? Geographic Descriptiveness in Trademarks

One common pitfall applicants face when it comes to trademarks is choosing marks that are deemed geographically descriptive. Though seemingly straightforward, this concept has significant legal implications, often serving as a barrier to trademark registration. So, what exactly is geographic descriptiveness in trademarks, and why does it matter? What is Geographic Descriptiveness? A trademark is […]

Meghan Markle Royally Screws up Trademark Application

Meghan Markle’s recent efforts to launch a new lifestyle brand under the name “American Riviera Orchard” have hit a procedural snag. Earlier this year, her company, Mama Knows Best, LLC, filed a trademark application with the United States Patent and Trademark Office (USPTO) to protect the brand name for a variety of products, including kitchenware, drinkware, and […]

What’s That Smell? Crayola Registers a Trademark for the Smell of its Crayons.

In today’s competitive marketplace, brands are constantly seeking new ways to stand out and connect with consumers on a deeper level. While traditional trademarks—such as logos, names, and slogans—remain powerful tools for brand protection, the rise of sensory trademarks marks a significant evolution in the world of intellectual property. Sensory trademarks go beyond the visual […]

Trademark Symbols and How to Type Them

Using the correct trademark symbols is vital for several reasons. First, proper use of trademark symbols can help establish and protect your trademark rights. Second, it can be important in legal disputes over the ownership and use of a trademark. Third, because trademarks are key to brand recognition, consistent and correct use of trademark symbols […]

Trademarks for Bands

As a band, establishing a strong and recognizable brand is crucial for long-term success. One of the key steps in protecting your brand is filing a trademark application. A trademark not only safeguards your band’s name and logo but also ensures that your unique identity is protected against unauthorized use.  When filing a trademark application, […]

Five Things I Wouldn’t Do as a Trademark Attorney

Navigating the world of trademarks can be a labyrinthine endeavor. As a trademark attorney, I’ve encountered numerous pitfalls and challenges that businesses and individuals alike face when trying to protect their brands. Through my experience, I’ve identified five critical missteps to avoid in this intricate field. Here are five things I wouldn’t do as a […]

Hawk Tuah and Register That Thang

Hawk Tuah Trademark Application

It’s hard to believe that a late-night street interview on the wild streets of Nashville could unleash a bar exam’s worth of trademark issues, but that is precisely what is unfolding with the internet’s latest superstar, “Hawk Tuah Girl.” The Hawk Tuah Girl is Hailey Welch, who gained internet fame after a humorous and candid […]

Bears in Nashville!

black bear

Bears have always been my favorite wild animal, so I was stoked to find out that black bears have been spotted in Middle Tennessee and even in Nashville. As sightings began to spread from Spring Hill to counties north of Nashville, my happiness turned to concern. What should I do if I happen upon a […]