August 2020

  • Trademark Ornamental Refusals – What to Consider

    Trademark Ornamental Refusals – What to Consider

    Anthony Cartee

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    Trademark Ornamental Refusals – What to Consider Sometimes, the USPTO will issue eccentric and unusual refusals to a trademark application. One such refusal is called an ornamental refusal. If you receive a trademark ornamental refusals, it means your registration of your applied-for mark has been refused because your mark is essentially merely decorative. That is, your mark does not clearly identify the source of your goods and distinguish them from the goods of others, which is required for proper trademark use. In some situations, a mark can still be registered even if it is used in an ornamental or decorative… Read More

  • Supplemental Registration – Pros & Cons – Online Retailers

    Supplemental Registration – Pros & Cons – Online Retailers

    Anthony Cartee

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    Pitfalls & Benefits of Owning a Supplemental Registration it you are an Online Retailer. Supplemental Registration – The United States has two trademark registers: the Principal Register and the Supplemental Register. Online retailers, most notably Amazon’s brand registry, have primarily given preference to the Principal Register. This is because registration on the Principal Register affords all rights and responsibilities available to trademark owners. To online retailers, the Supplemental Register is a sort of holding ground for trademarks that the U.S. Trademark Office does not believe function as trademarks yet. Think of the Supplemental Register as a holding room for marks… Read More

  • Legal Considerations & Covid-19 Pandemic

    Legal Considerations & Covid-19 Pandemic

    Anthony Cartee

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    LEGAL CONSIDERATIONS DURING COVID-19 PANDEMIC: CONTRACTUAL AGREEMENTS AND FORCE MAJEURE With the onset of the COVID-19 pandemic, there is increasing disruption to supply chains for buyers and sellers of goods. From unpaid invoices to the inability to fulfill an order, your business may be dealing with issues that are increasingly becoming more common. It is important that we discuss applicable provisions and ideas in tackling such issues, such as force majeure and other defenses. First off, when dealing with an issue such as an unpaid invoice for goods, you will look to the Uniform Commercial Code (“UCC”) which governs the… Read More