Before applying for a trademark, a knockout search is always a great idea to reduce risk of getting a §2(d) likelihood of confusion rejection. A likelihood of confusion rejection is one of the more critical rejections because the USPTO has identified a trademark that will prevent registration of the trademark. In addition, the rejection may … Read more
Many law firms and in-house teams have recommended having a docketing software. A business will eventually grow to the size that the business will not be able to manually track their trademarks. Docketing software are used to track the progress of the trademark from application to renewal fees. The software will provide a list of … Read more
A trademark can be anything that identifies a product or services. There are many things to trademark in your business, not just the business name. What to trademark Many e-commerce businesses have multiple trademarks. Below is a list of items that an e-commerce business may trademarks: Business Name: This trademark is usually the most broad … Read more
“Trade dress” is protection on the overall appearance or image of something in commerce. In short, how the item is “dressed” for sale. What is covered? Originally trade dress applied to labels and packaging, however, trade dress has expanded to include design and configurations of products. Examples: Product packaging, labels and containers: Shape and design … Read more
The U.S. Consumer Product Safety Commission (CPSC) is an independent regulatory agency responsible for protecting the public from unreasonable risks of injury and death associated with consumer products. CPSC Reporting There are three main reports to make to the CPSC: (1) Section 15 reporting; (2) Section 37 reporting; and (3) Section 102 reporting. Section 15 … Read more
There are many steps to prepare for a recall. Reaching out for a CPSC attorney may help the recall process become a lot smoother. However, once a business has determined their products may pose as a dangerous hazard to consumers, businesses should begin to collect information about the product. Product Testing Once a business has … Read more
A product recall is the process of retrieving and/or replacing defective products from the consumers. In the United States, the Consumer Protection Safety Commission (CPSC) oversees product recalls. There are three ways the CPSC may discover products that need to be recalled: (1) CPSC discovers dangerous products on their own; (2) Consumers submit complaints to … Read more
A business’ customer service will run into a large variety amount of complaints. Complaints can range from general issues with the product to requesting money from the business. General Complaints Customers will always have general complaints on a product. On the customer service side, a business should make a decision on how to handle general … Read more
Product litigation is always a business disruptor. Product litigation costs can range anywhere from few thousand dollars to few million dollars. Litigation Costs Product litigation costs can be divided into two main categories: (1) attorneys fees and costs; or (2) settlement or damages awarded. On the defense side, attorney’s fee are calculated per hour. The … Read more
A business must follow the warranty it provides. It is not necessary to provide a warranty. However, if a business provides one, this post will discuss some points to take into consideration when drafting one. A Limited Warranty Statement template can be found in the shop, click here. Who is Covered? In a product warranty, … Read more