Articles prepared by those at Booth Udall Fuller, PLC.

Clearly Crafted Contracts Can Save Time and Money in the Long Run

Many entrepreneurs think that a verbal agreement will suffice. However, not having a written contract, or a poorly written contract, may very well lead to disputes between the parties and it likely to be costly down the line. Costs associated with not having a clearly written contract involve potential litigation and damage to a business relationship [...]

By | February 27th, 2017|Articles|0 Comments

The Devil is in the Details

While the Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank International redefined what is eligible subject matter for patents, it was not very explicit about how to spot such subject matter in the wild.  Early applications of the two-step test provided in Alice left practitioners feeling helpless, as the USPTO and the lower courts [...]

By | February 10th, 2017|Articles, Patents Articles|0 Comments

Proactive Trademark Practices for Companies – Part 8 Intersection with Copyright

Intersection with Copyright Symbol or Logo trademarks may constitute graphic works of authorship under copyright law eligible for federal copyright protection, so long as they contain original authorship and are not just familiar symbols, designs, or shapes. […]

By | October 1st, 2013|Articles, Trademarks Articles|0 Comments

Proactive Trademark Practices for Companies – Part 9 Track Trademark Assets and Competitors

Track Trademark Assets and Competitors An effective strategic IP plan will prompt the development, acquisition, maintenance, and exploitation of IP assets such as trademarks that further company goals and provide value to the company. Keeping an accurate inventory of trademark assets, and the procedures used to acquire, maintain, and exploit them, is an essential first [...]

By | October 1st, 2013|Articles, Trademarks Articles|0 Comments

Proactive Trademark Practices for Companies – Part 10 Leveraging Trademark Assets

Leverage Trademark Assets Forward-looking companies think about and manage IP assets such as trademarks as they do any other business asset, and are much more creative and aggressive in generating value from these assets. Trademarks have the potential to generate significant amounts of revenue for companies that know how to use what they own strategically [...]

By | October 1st, 2013|Articles, Trademarks Articles|0 Comments

Proactive Trademark Practices for Companies – Part 1 Introduction

Introduction A trademark is the first public act of branding for a company. It is the one branding element that hopefully will never have to change. A well established brand identity engenders customer awareness, loyalty, association and perceived quality. In the present market of endless “similar” products and services, company trademarks and the brands they [...]

By | October 1st, 2013|Articles, Trademarks Articles|0 Comments

Proactive Trademark Practices for Companies – Part 2 Trademark Selection and Screening

Trademark Selection and Screening It takes an organization with a particular set of values, culture, people, programs and assets to deliver a “product” or “service”. Therefore, selecting a brand identity (trademark) should be based, in part, on those characteristics of the organization. A thorough understanding of your product or service, how it will be used, [...]

By | October 1st, 2013|Articles, Trademarks Articles|0 Comments

Proactive Trademark Practices for Companies – Part 3 Comprehensive Clearance Search

Comprehensive Clearance Search Even if the preliminary screening search does not reveal any potentially conflicting uses, it should not be relied upon to conclude that the selected trademarks could be adopted and used. A comprehensive clearance search and opinion process will provide a realistic assessment of possible obstacles to adoption of a trademark, based on [...]

By | October 1st, 2013|Articles, Trademarks Articles|0 Comments

Proactive Trademark Practices for Companies – Part 4 Benefits of Federal Trademark Registration

Benefits of Federal Trademark Registration Once your trademark attorney has completed a comprehensive search and counseled you on the best choices, then you can ask him/her to file trademark applications for you. Unless properly and thoroughly trained, having an experienced trademark attorney prepare, file, and prosecute your trademark applications can be well worth the fees. [...]

By | October 1st, 2013|Articles, Trademarks Articles|0 Comments