5 Common Contract Mistakes To Avoid

When drafting an important contract, it is easy to make mistakes. Business contracts can often be long and contain unfamiliar terminology. Attention to detail and a depth of understanding about what the parties to the contract are trying to accomplish are essential. A misplaced word, letter, or even punctuation mark can make a big difference. The contract is the foundation of any working relationship. It spells out Read More

Think Outside the Box: 7 Unconventional Things You Should Trademark

At CLARK.LAW, we believe in the future of business law. That comes with data, technology, and efficiency. Success in all three of those fields can rely heavily on thinking outside of the box. When it comes to trademark law, we all know how essential it is for your business to own rights to whatever sets your business apart from everyone else on the market. Thinking outside the box, it becomes clear that there is a Read More

5 Ways That Trademarks Can Help Your Business

Trademarks are one of the best and most underappreciated ways to boost your business. Much has been written about the ways that trademarks can help start-ups and small businesses - through cementing and sharing brand awareness - but less has been shared about the benefits for large companies. Perhaps there is an assumption that all big businesses are already utilizing trademarks, but we have seen firsthand that is Read More

Non-Disclosure Agreements: The Dangers of the “One Size Fits All” Mentality

While most businesses have experience dealing with Non-Disclosure Agreements, they may not fully understand the legal implications of them. Non-Disclosure Agreements, sometimes known as Confidentiality Agreements, are legal documents between two parties who both agree to maintain confidentiality about certain specified information. They are often signed between employer and employee at the time of hiring or between Read More

6 Mistakes to Avoid When Forming a New Business

Whether you have aspirations of starting an international healthcare tech conglomerate to improve millions of people’s lives or a cafe dedicated to making really good waffles, starting a new business always comes with challenges. Decisions made at the earliest phase of your business van have consequences for years to come. Proper planning can lay the groundwork for your company’s strengths in the coming years, and Read More

What If My Trademark is Opposed?

No one has accused the trademark registration process of being short and simple. Registering your trademark with the United States Patent and Trademark Office (USPTO) is a complicated process that requires careful attention every step of the way. Even months into the process, you can still hit snags that will set you back. One of these bumps in the road you may encounter is a trademark opposition. Once your Read More

6 Better Ways to Negotiate a Contract

The only way to reach an agreement is through negotiation. We’ve heard rumors that some businesses may be on the exact same page when starting to work together - but we’ve never seen it happen. Crafting a contract that clearly explains everything it needs to and satisfies all parties involved is an art form. It only happens by taking the time to hear what both parties want and reaching a hallowed middle Read More

US Trademarks: Principal Register v. Supplemental Register

The Federal Trademark Register in the United States consists of two separate registers, the Principal Register and the Supplemental Register.  As trivial and unexciting as this topic sounds, it is essential for trademark owners to understand core differences between the two registers, know what advantages each registry offers, and be able to make an informed decision whether to seek trademark registration on the Read More

Keeping Your Trademark Registration Alive

Obtaining federal protection for your trademark is a big deal.  It gives you a sense of achievement when you finally receive a shiny sealed Trademark Certificate of Registration from the United States Patent and Trademark Office (the “USPTO”).  Your trademark registration is an asset that will work for your benefit for many years.  The last thing you want to do is to lose this protection.  In this Read More

How to Prove “Use” of a Trademark

The world of trademarks can be cumbersome, confusing, and full of legalese.  Our trademark clients often ask us questions regarding the terms of art that we frequently reference in our communication: “use in commerce” and “specimen of use.”  In this article we will try to shed some light to what exactly constitutes use of the mark in commerce and what we mean when we request that you provide us with a Read More