Just because a logo appears custom, polished, and ready for launch, it is not necessarily able to be trademarked. This catches many small business owners by surprise. They make a logo in Canva, Looka, Fiverr Logo Maker, Adobe Express, or another design platform. They download it, place it on packaging, add it to a website, and assume they own it outright. The problem is that many logo-maker designs are built from templates, stock icons, shared graphics, and platform-owned ele

Unlike common law marriage, which was abolished in Pennsylvania in 2005 (disclaimer: it may exist in other jurisdictions - check where you live if that interests you), common law trademark rights are a real thing. The United States is a "first-to-use" and not a "first-to-file" jurisdiction when it comes to trademarks. That begs the question -- why file a trademark at all? The answer is that common law trademark rights are incredibly limited. The geographical zone of protectio

When done correctly, the trademark process begins before the filing of the application. But the truth is, the real work (and the real value in hiring a trademark attorney if you go that route) happens before you ever file: the trademark search. A thorough search, paired with a solid opinion letter, is the single most important part of the trademark process. Skip it or do it poorly, and everything downstream — your application, your branding investment, your business — is at r

Last month, my husband's law firm received a trademark for their slogan, "Don't Wait, Dial the 8s." The timing was funny -- I had just started telling people that I was launching my trademark practice at JSDC. People started assuming that I had helped with their trademark -- I hadn't. My trademark practice is relatively new, and their application process started more than three years ago, back in July 2023! All of the questions and assumptions made me realize that people (inc

Check back here soon for articles and updates on trademark-related topics (no A.I. slop, guaranteed).