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Keep it Legal Blog

How to Avoid A Descriptive or Generic Trademark

The best way to establish a strong trademark is to create a brand name that is neither generic nor “merely descriptive”. In this blog post, I’ll explain what those terms mean and provide some tips on how to avoid running into these issues. The Perks of a Powerful Trademark Before diving into the details of avoiding descriptive or generic trademarks, let’s first explore the benefits of having a strong trademark. A robust trademark can serve as a powerful tool for businesses to stand out in the competitive marketplace and protect their brand identity. Some advantages of a strong trademark are:…

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What to Consider When You’re Selling a Business

Last year, I wrote a blog post called “What To Consider When You’re Buying a Business“. But, of course, there are two sides to every transaction. Let’s take a look at the process of selling a business. This post won’t cover the financial or tax aspects of selling a business. There are a lot of good resources out there to assist with those issues (my #1 piece of advice here is to hire a good CPA). Instead, we’re going to look at some of the legal points on the checklist. As with buying a business, the first question to ask…

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How to Use and Protect a Trademark for Apparel

When you’re trying to register a trademark for apparel in the U.S., there are some specific requirements. In my experience, many clients who are starting an apparel brand don’t know these requirements, and it can lead to trouble. The key issue is that in order to protect and register a trademark in the U.S., you need to be able to show that the mark has been used in interstate commerce in connection with the goods in the application. For some kinds of products, simply having the trademark (brand name or logo) appear on the product is good enough. But for…

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Can I Use AI To Come Up With a Trademark?

Note: I, your human correspondent, didn’t write the text below. I input the question “Can I Use AI To Come Up With a Trademark?” into ChatGPT and this is what came back. Yes, you can use artificial intelligence (AI) to generate potential trademarks. There are various AI-powered tools available that can suggest trademarks based on certain inputs, such as keywords or industry. However, it is important to note that while AI can assist in generating potential trademarks, it is not a substitute for a human attorney who can evaluate the legal availability, registrability and enforceability of a trademark. It is…

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