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If you are domiciled in the United States, you are not required to hire a U.S. licensed attorney to register your trademarks; and there are many filing companies that provide trademark registration services. However, the United States Patent and Trademark Office (“USPTO”) states on its website that it does not “endorse the use of these filing companies.” Do I need…
It is not required to register a trademark on the federal trademark register; unregistered trademarks receive some protection. However, registration is strongly recommended as federal registration provides the trademark owner with “important legal rights and benefits.” B & B Hardware, Inc. v. Hargis Industries, Inc., 135 S.Ct. 1293, 1317 (2015). 1. Prima facie evidence of the validity of the registered…
Your works of original expression, such as musical works and architectural works, can be protected under the Copyright Act if they meet the two requirements: originality and fixation. When the works meet these requirements, copyright automatically arises; and, under the current law, copyright registration is generally not required in order for your works to be protected. Despite this automatically secured…
As I mentioned in my earlier post (What is considered a trade secret in New Jersey?), pricing, marketing techniques, and customer lists may be considered trade secrets in New Jersey. In this blog post, I will explore how New Jersey companies can protect their sensitive information as trade secret. First, the New Jersey Trade Secret Act’s trade secret definition stipulates…
In order to gain economic advantages, it is essential for a company to protect information that is economically valuable but not known by others. Fortunately, both federal and state law protect such sensitive information, naming it as “trade secret.” One archetype of trade secret is the formula for making Coca-cola. However, definition of trade secret not only includes the Coca-cola…