Design patents protect the ornamental aspects of an article's appearance, ensuring that unique designs for products and other articles of manufacture receive legal protection against unauthorized replication. However, design patent infringement is a bit esoteric and an often contentious area of intellectual property law. This article explores the legal standards for determining infringement and hypothetical […]

What rights can be left in an Abandoned Trademark? Trademark law provides rights and protections for trademark owners as a result of continuous use of their marks in commerce. This means that a business must actively use the trademark to keep the rights alive and enforceable. As a general matter, when a trademark is no […]

What is a Trademark? Legal Purpose of Trademark Rights In order to understand how trademark rights are acquired, you must first understand what a trademark is. Trademark rights came into existence to protect both businesses and consumers by fostering trust and clarity in the marketplace. These rights serve a dual purpose: ensuring that consumers can […]

A trademark becomes abandoned if its use has been discontinued with intent not to resume such use, according to 15 USC § 1127. Abandonment can have devastating effects on the trademark owner. A trademark owner’s failure to use a mark can result in loss of trademark rights. This article delves into what trademark abandonment entails, […]

Experience and Expertise At Sierra IP Law, our patent attorneys have decades of experience working with clients. In our extensive interactions with clients, we have seen all manner of clients and fielded all kinds of questions about patents and the patent prosecution. The decision about whether to move forward with the patent process can be […]

Why do I need the assistance of a Patent Attorney? Securing a patent is not merely about describing the invention, filling out forms, and submitting them to the United States Patent and Trademark Office (USPTO). It's an extensive process that requires deep knowledge of patent law, technical expertise, and strategic planning. Patent attorneys and law […]

What to Do After Receiving a Trademark Infringement Cease and Desist Letter  If you have received a cease and desist letter asserting trademark infringement, you may be feeling uncertain about your next steps. A cease and desist letter can be intimidating, but understanding its implications and how to respond can make a significant difference for […]

Amazon now Accepts Pending Trademark Applications for its Brand Registry  Amazon is a global leader in e-commerce and is a critical platform for many small businesses. It is widely known that Amazon has established a brand registry program aimed at providing significant protection and control for brand owners over their intellectual property on the platform. […]

What are Descriptive Marks? Descriptive trademarks are marks that describe a characteristic, quality, or function of a product or service. Unlike other marks that distinguish the source of a product, a descriptive trademark identifies something inherent about the goods or services themselves. For instance, a descriptive mark such as "Cold and Creamy" for ice cream […]

Understanding Trademark Strength and Weakness Trademark strength refers to the level of distinctiveness of a sign, which can be illustrated on a spectrum from strong to weak. Fanciful marks are the strongest, while generic marks are the weakest. Descriptive marks can acquire secondary meaning or distinctiveness over time, making them registrable as trademarks. Another key […]