Trademark Classes Explained: Here's How Classes Work and Why They Matter for Your USPTO Trademark Application (PART 1)

This is Part 1 of the Trademark Classes Explained Series. Definitely check back for Parts 2 and 3 if you can (they will be posted next week). Each part of this Series is different. Part 1 is all about how trademark classes work and why they are so important in terms of your trademark fees and protection.

Read More

Commercial Use vs. Intent to Use of Trademarks

This post explores how Use in Commerce Basis (aka “commercial use”) of a trademark differs from Intent-to-Use Basis when registering your trademark with the USPTO. The closely related issues of deciding whether to elect Section 1(a) or Section 1(b) as the filing basis for a trademark application, is intricately connected and will also be considered. To switch things up a bit, I want to approach this topic using a hypothetical scenario.

Read More

Non-Disclosure/Confidentiality & Non-Circumvention Agreements Before the Deal

Sometimes the introductions or preliminary negotiations that take place before the business deal closes and the parties sign on the dotted line can raise flags on both sides of the negotiating table.  There may be a little anxiety or internal struggle about where to draw the line when selling your idea and pitching business opportunities, all without giving away too much...

Read More

International Agreements: 5 Things to Know

International agreements are contracts where there is a legal basis for different international jurisdictions to be applicable to the contract, based on either the locations of the contracting parties or where the performance of the agreement occurs.  It is increasingly common for a U.S. based business (particularly one here in Miami, Florida) to decide that a company in Latin America can meet its needs on par with a U.S. based company.  If you are thinking about entering into an international agreement here are five things to know.

Read More