Oculus vs. Oculu: Begun the IP War Has

The Internet is buzzing with news of the first shots fired in the IP battle between Oculus VR Inc., and Oculu LLC.  According to the most up to date information currently at hand, OCULU an online video streaming company is suing Oculus VR, the maker of the Oculus Rift brand VR head mounted display for … Continue reading

Counterfeit Drugs And Trademark Law

All around the world the problem of counterfeit medication is growing in magnitude.  For some time it has been known that a substantial proportion of anti-malarial medication is fake.  It is thought that the widespread use of counterfeit malaria medications has contributed to the rise of drug-resistant malaria.  Recently, counterfeiting has expanded to other drug … Continue reading

What’s The Difference Between A Trade Mark And A Service Mark

A common question that comes up when trying to protect a brand name or logo relates to the difference between trademarks and service marks.  To what extent is there a difference, and what are the rules for filing each?   The short answer is that there is really no difference between a trade mark application … Continue reading

Can My Website Be A “Specimen” For Showing “Use In Commerce” Of My Trademark?

In order to perfect rights in a trademark application, the applicant must show that the trademark is being “Used in Commerce.”  Use in Commerce means that the mark must be used in the sale or transport of goods or the rendering of services in “interstate” commerce. For goods, the mark must appear on the goods (e.g., tags or … Continue reading

Trademark Questions: What’s the Difference Between the Principal Register and the Supplemental Register?

The US trademark register has two sections: the Principal Register and the Supplemental Register.  Most trademarks are registered in the Principal Register.  The Supplemental register is used for non distinctive marks that may become distinctive (“acquire secondary meaning,”) but have not yet done so. What is secondary meaning?  Secondary meaning, or “acquired distinctiveness,” is when a non-distinctive … Continue reading

The 2 Flavors of Trademark Applications

A common question of inventors, developers and business owners is when to register a trademark.  Many carry the misconception that it is not possible to register a trademark until the product or service is sold.  Actually, it is proper to file a trademark application under two circumstances:   Use In Commerce: The mark is being used … Continue reading