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ARTICLE · 07 JANUARY 2016

Trademark Resolutions

Happy new year! Gone is the old year and with it the tired top ten lists that rehash stale events that occurred months before. This is not a top ten list.

United StatesIntellectual Property

Happy new year! Gone is the old year and with it the tired top ten lists that rehash stale events that occurred months before. This is not a top ten list. It is a top sixteen list! Completely different. These are good resolutions for all trademark owners, and some are inspired by recent trademark cases. If you want to know more about any of those major cases, feel free to peruse recent Trademarkology posts. In the meantime, enjoy!

  1. Be distinctive When selecting new marks, invent a whole new word or pick a word that bears no connection with the goods or services you offer. These marks are the strongest inherently.
  2. Be respectful Yes, the Federal Circuit recently found the statutory proscription against registration of disparaging marks unconstitutional, but that may not be the last word on the issue. Even if it is, what would your mother think?

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