The Trademark Place Blog

How to Protect Your Brand from Trademark Dilution

If you own a trademark, you know how valuable it is for your business. A trademark is a name, logo, slogan, or design that identifies your products or services and distinguishes them from others in the market. A trademark can also represent your reputation, quality, and goodwill. But what if someone else uses your trademark or a similar one in a way that weakens its distinctiveness or harms its reputation? This is called trademark dilution, and it can be a serious threat to your brand. In this blog, we will explain what trademark dilution is, how it differs from trademark infringement, and what you can do to prevent it and protect your brand.

The Supreme Court and the “Trump Too Small” Trademark Dispute

The Supreme Court is currently considering a case that involves a phrase mocking former President Donald Trump as “too small”. The phrase, which was coined by a California lawyer and activist named Steve Elster, is a reference to a crude joke that Senator Marco Rubio made about Trump’s hand size and implied genitalia during the 2016 presidential campaign. Elster applied to register “Trump too small” as a trademark for his T-shirts, but the U.S. Patent and Trademark Office (USPTO) rejected his application, citing a law that requires the written consent of a living individual whose name, portrait, or signature is used in a trademark.

two kids racing; the background is blurred

What to Trademark First?

If you have a business, you probably have a name, a logo, a slogan, or some combination of these elements that identify your brand and distinguish it from others. These are your trademarks, and they are valuable assets that deserve protection. But how do you protect them? And what if you have a limited budget and can’t afford to trademark everything at once?

a lit jack-o-lantern with smoke emanating from the cutout face and top

Pumpkin Trademarks

I’m going to be honest here, Halloween is our favorite holiday. It has all of the coolest things—the costumes, the candy, the get-togethers, the movies and shows. It’s just fun and exciting. This excitement, of course, spills over into what we do, too: Trademark Law. This year, we’re going to take a moment to look at some pumpkin-related trademarks. Pumpkins are a popular symbol of Halloween, and they’re also often integrated into trademarks as well.

5 Reasons to Trademark Your Lawn Care Service

It might not seem like something that’s all that necessary at first, but there are actually a lot of reasons why you should trademark your business name, logo and/or slogan—even as a lawn care service provider. Trademarking is the process of registering a distinctive sign that identifies your products or services from those of others. Here are five reasons to trademark your lawn care brand:

Hikers walking up a hill with a night blue sky behind them

What is a Collective Membership Mark?

If you are a member of an organization, such as a professional association, a trade union, a club, or a fraternity, you may have seen or used a symbol that represents your membership in that group. For example, you may have worn a pin, a ring, a vest, or a badge that displays the name or logo of your organization. Or you may have hung a plaque or a certificate on your wall that shows your affiliation with a certain group. These symbols are not just mere decorations; they are examples of collective membership trademarks.

two people holding juice bottles in front of a cooler with the sign "100% organic"

Certification Marks: How to Register and Protect Your Quality Standards

Trademarks don’t just apply to standard goods and services that people are see in commerce everyday, but marks of authenticity and certification can also be trademarked. Have you ever seen a symbol or a word that indicates that a product or a service meets certain quality standards or criteria? For example, the UL mark for electrical safety, the USDA Organic seal for organic food, or the LEED logo for green buildings. These are examples of certification marks, which are a type of trademark that is used to show consumers that particular goods and/or services, or their providers, have met certain standards set by the owner of the mark.

a curved highway at night where the lights of the cars create streaking lines of light

Motion Marks: How to Register and Protect Moving Trademarks

Have you ever seen a logo that moves or changes shape, color, or sound? The Pixar lamp at the beginning of their movies is a great example. Motion marks are exactly what the name implies, trademarks that consist of moving visuals. Motion marks are a type of non-traditional trademark, which are trademarks that do not consist of static words, logos, or designs. Other types of non-traditional trademarks include colors, sounds, smells, certification marks, and even trade dress.

a cassette tape artistically unspooled on a yellow background

What’s That Sound? Registering Sounds as Trademarks

Sounds can be powerful. A chime, a roar, a jingle. When done right, they stay with us. They become earworms, and when we hear them, they can evoke images and associations.

Sound trademarks are a type of non-traditional trademark, which do not consist of words, logos, or designs. Non-traditional trademarks are generally harder to register and protect than traditional trademarks, as they have to overcome several legal and practical challenges.