FIVE INSIGHTS ON
TRADEMARK & INTELLECTUAL PROPERTY LAW
What We Do
"THERE IS A CLEAR DISTINCTION BETWEEN TRADEMARK & IP THAT MANY DO NOT KNOW."
Matt Staub is an attorney at Pasha Law at the California location. Matt received his Bachelor’s in Accounting and Entrepreneurship from Indiana University’s Kelley School of Business and obtained his JD with a taxation specialization from the University of the Pacific
1. HAVE A CLEAR UNDERSTANDING OF THE DIFFERENCES BETWEEN A TRADEMARK, COPYRIGHT, AND PATENTS.
The first thing to learn is the difference between a Trademark, a Copyright, and a Patent. Oftentimes someone will say they need to copyright or patent something when they actually mean they need to trademark it, and vice versa.
2. CONFIRM BEFORE DOING.
Make sure to conduct an extensive trademark search before advising that a particular mark is registrable. The last thing you want is for the examining attorney to submit grounds for refusal for something that should have been uncovered during the due diligence process.
3. BE ALERT DURING THE SEARCH PHASE.
While an extensive search in the USPTO database is important, the best place to start is a simple web search. If you immediately find similar names for similar goods or services, or that the URL for the brand is already taken, that is often an immediate red flag.
4. BEING FIRST HAS ITS ADVANTAGES.
The brand can often end up being the most valuable asset for many companies, so don’t wait to trademark it down the road. There is a small filing fee, but it’s worth it to secure the mark as soon as possible, so advise startups and newer companies to be proactive.
5. KEEP A SET OF RESOURCES.
If you want to get into trademark law, the TMEP is your best friend. It will provide you with guidance on all areas of the law and plenty of example cases.
