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What is the risk of not properly searching before filing a trademark application?

Erik K Pelton

The risks can be very significant. Searching provides the applicant with knowledge, data, and therefore impacts strategies and decisions. The failure to search for potential conflicts can be fatal to an application. appeared first on Erik M Pelton & Associates, PLLC.

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The 5 Most Common Trademark Application Mistakes and How to Fix Them

Erik K Pelton

The following is an edited transcript of my video The 5 Most Common Trademark Application Mistakes and How to Fix Them. The first and foremost mistake made by many trademark applicants is not properly searching before filing. They might think about filing, and then hold off for some reason.

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Trademark Searches – what is a TESS search, a common law search, a clearance search, and more

Erik K Pelton

The following is an edited transcript of my video All About Trademark Searches. Searching for trademark conflicts is one of the most important things about the practice and protection of trademarks and brands. So a common law search is valuable for that reason.

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Trademark application: What is the most important factor in registering a mark?

Patent Trademark Blog

What is the #1 factor in filing a trademark application? For many businesses thinking of registering a trademark, cost is the biggest factor. It is often the first and only question asked of our trademark filing services. Trademark filings have become commoditized.

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How to Protect Software as Intellectual Property

LexBlog IP

As a software developer, investor, visionary that has invested significant time and resources into software technology, it is crucial not to share the details of your innovation until you have taken steps to protect it properly. Public disclosure or inadequate legal protection can risk your rights to commercialize and monetize your product.

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Trademark Extraterritoriality: Abitron v. Hetronic Doesn’t Go the Distance (Guest Blog Post)

Technology & Marketing Law Blog

the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). In one of the last opinions announced this term, Abitron Austria GmbH v.

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SECONDS & LEFTOVERS AFTER THANKSGIVING: Cleaning Up & Emptying Out The IP Fridge

LexBlog IP

So, it is with intellectual property matters as well—there are matters, some previously addressed, where recent developments require us to use what we have before it gets too stale. For some Americans, they’re the whole point: Nearly three-quarters say that a fridge teeming with surplus food is the best part of the holiday.

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