Featured Trademark Articles
Below you will find a list of curated articles by Adam Garson, Esq on various trademark related topics. To read more about Trademark Law, resources and articles visit www.garsonlaw.com/category/trademark.
Rebranding Missteps – Avoid Them or Pay Dearly
Over the years, we’ve written several articles on rebranding. If we’ve learned anything, it’s that rebranding can be risky business. Consumers invest a lot of emotion in brands (including logos [...]
Ask Dr. Copyright® About Taylor Swift
Dear Doc: I’m THRILLED that TayVis is/are engaged. But my question is about how Taylor protected the name of her latest album legally before she announced it on the podcast. [...]
Can You Sue a Trademark Co-Owner?
Under U.S. copyright law, as interpreted by the courts, each co-owner of a work owns an undivided interest in the work and is free to exercise those rights, including the right to [...]
Can You Trademark a Color? Let’s Paint the Picture
Robin-egg blue boxes and shiny red soles—some colors do more than please the eye. They signal status, evoke emotion, and, increasingly, serve as trademarks. Think Tiffany & Co.’s signature blue [...]
Are Phantom Trademarks Real?
What in the world are “phantom” trademarks? This was a new topic for us, although we had written about so-called “submarine” trademarks several years ago. Phantom vs. Submarine Trademarks: What’s [...]
Consumer Confusion and Trademark
When trademarks meet true crime, things can get… cutting. This case dives into a chilling intersection of folklore, business, and trademark law—set against the infamous backdrop of the Lizzie Borden [...]
Use in Commerce: Don’t Be Defensive
The United States trademark system is a “use” based system. Using your trademark bestows upon you the benefits of trademark ownership whether you register your trademark with the United States [...]
An “UGG”ly Trademark Dispute
There isn’t a singular, unified “international trademark system” in the sense of a global organization that governs trademarks worldwide. There are, however, international frameworks and treaties that facilitate trademark protection [...]
Ask Dr. Copyright © About the Collision Between Trademark and Copyright Law
Dear Doc: My new company paid $500 to a designer in Bulgaria for a company logo. The invoice we received says that we have “the right to use the logo [...]
Five Steps for Registering a Trademark in Pennsylvania
Do you want to use the ® symbol? If so, then you want to learn more about federal trademark registration. We’ve written about the benefits of state trademark registration. There [...]
Six Steps for Registering a Federal Trademark
Do you need to register a trademark with the United States Patent and Trademark Office? Then this article is for you – print a PDF version of the Six Steps [...]
Trademark Deception and Misdescription
Did you know that a trademark may be refused registration because it is deceptive? Yes, indeed, the “deceptively misdescriptive” doctrine is an interesting — if not tongue-twisting — principle of [...]
How Much Does it Cost to Hire a Trademark Lawyer?
Good question, but one that’s not so easy to answer. That’s because there are many variables. Lawyers’ fees may vary depending upon your geographical region, the size and type [...]
Blowing Your Mind and Your Trademark!
Last month we wrote about a recent registration of the term PSILOCYBIN for educational materials related to psychoactive plants. The point of our article was that applying for generic terms [...]
Hang Tags and Neck Labels: How to Or Not to Trademark Your T-Shirt Designs
You can make big money selling T-shirts. Visit teespring.com and you’ll get the point. It’s no wonder that we get many inquiries about how to trademark images appearing on T-shirts. Typically, [...]
Trade Dress: Where Patents and Trademarks Converge
Trademarks provide important intellectual property protection to businesses and to their products. Trademarks identify the source or origin of goods or services. A related sub-concept of trademarks that also [...]
Eagles Promote the “Brotherly Shove” and So Does Everyone Else
As a Philadelphia-area law firm, we can’t resist talking about Philadelphia Eagles-related trademarks. Most Eagles fans and anybody who’s watched a Philadelphia Eagles game are familiar with the “brotherly [...]
‘Trade Names’ or ‘Trademarks’?
Do you know what distinguishes a trade name from a trademark? Clients frequently ask us to file a trademark application for the name of their company without any understanding of [...]
Why Perform a Trademark Search?
It is surprising how many trademark applicants file their applications without having performed a search to see whether their proposed trademark is even registrable. If you fall into this category, [...]
Trademark Abandonment… How Does It Happen?
Over the years, we have written about many trademark-related concepts and many times we have referenced the consequence of “abandonment,” referring to the penalty that a trademark owner may [...]
Keyword Infringement – Is it Possible?
This month we’re going to take a look at something really practical: keyword advertising. Keyword advertising is a digital marketing strategy where businesses target specific words or phrases—keywords—relevant to their [...]
What Happened to My Trademark Application?
You have a great business and a terrific product or service and now you want to develop your brand and reap the rewards of a successful business. You understand [...]

























