May 28, 2026 Hello Reader, There was a recent analysis of some of the largest companies in the world. Companies like Apple Inc., NVIDIA Corporation, Costco Wholesale Corporation, Eli Lilly and Company, and Mastercard Incorporated. The conclusion was straightforward. A large majority of their value comes from intangible assets. Not physical assets. Not equipment. Not inventory. Intangible assets. That includes: brand recognition trademarks goodwill intellectual property At that scale, it makes...
15 days ago • 1 min read
May 21, 2026 Hello Reader, Most businesses focus on how to promote their product. Very few think about how that messaging affects their trademark. There was a recent case involving a product design. The company applied to protect the configuration of the product itself. At first glance, it seemed distinctive. But the issue was not the design. It was how the company described it. In their own materials, they highlighted: ease of use convenience efficiency practical benefits That makes sense...
22 days ago • 1 min read
May 14, 2026 Hello Reader, A lot of businesses believe they are using a trademark when they are not. And it usually happens in a very simple way. They put their name on: packaging labels their website marketing materials And assume that counts as trademark use. Sometimes it does. Sometimes it does not. There was a recent case involving a cheese company that used its name across its business and products. The issue was not whether the name existed. The issue was how it was being used. The...
29 days ago • 1 min read
May 7, 2026 Hello Reader, Most people assume that once they “start using” a name, they are fine. That assumption can quietly cause problems later. There was a recent case involving a credit union that filed a trademark application based on intent to use. They later submitted proof of use, and the application moved forward. Everything looked normal. Then the USPTO took a closer look. The issue was simple: Were they actually using the trademark in real commerce at the time they said they were?...
about 1 month ago • 1 min read
April 30, 2026 Hello Reader, Most founders think protecting their brand starts and ends with a trademark. Register the name. Protect the logo. Secure the brand. That feels like the main risk. But for many businesses, the biggest risk isn’t the trademark at all. It’s everything behind it. Recently, there have been high-profile situations where companies weren’t attacked through their trademarks. They were attacked through their intellectual property. Things like: • product formulas• internal...
about 1 month ago • 2 min read
April 23, 2026 Hello Reader, Most founders assume adding words to a brand makes it stronger. More descriptive. More clear. More unique. But in trademark law, adding words can sometimes do the opposite. It can make the brand weaker. A recent decision from the Trademark Trial and Appeal Board highlights how this happens. The issue involved a phrase that included the words “made by.” At first glance, that seems harmless. Even helpful. It tells customers who is behind the product. But from a...
about 2 months ago • 2 min read
April 16, 2026 Hello Reader, Most founders assume trademark conflicts only happen with direct competitors. A coffee brand competes with other coffee brands. A fragrance brand competes with other fragrance brands. Different products should mean no conflict. That assumption feels logical. But trademark law does not always follow product categories. Sometimes products that seem completely unrelated are treated as connected. And that can lead to refusals that catch founders off guard. A recent...
about 2 months ago • 2 min read
April 9, 2026 Hello Reader, Most founders don’t think about trademark ownership when they start a business with a partner. They split everything evenly. 50/50. Simple. Fair. And for a while, it works. But trademarks don’t always behave well in shared ownership. And when something changes, that’s when problems start. In many partnerships, the trademark ends up: • owned jointly by both founders• filed under both names• or tied loosely to the business without clear structure At the beginning,...
2 months ago • 2 min read
April 2, 2026 Hello Reader, Most founders assume famous names are off-limits. You can’t use them.You can’t trademark them.They’re already “taken.” But U.S. trademark law doesn’t work that way. In many cases, famous names are actually available. For example, you’ll find trademarks based on: • historical figures• long-deceased individuals• well-known names from the past So the real question isn’t: “Is this name famous?” It’s: “Will consumers think this brand is connected to that person?” That’s...
2 months ago • 2 min read