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 article, we will ... 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 specimen of use ... Read More

Washington Redskins, Lady Antebellum – 2020’s Effect on Trademarks

Washington Redskins, Lady Antebellum – 2020’s Effect on Trademarks We can all agree that 2020 has been unprecedented. Most of the world continues to deal with the effects of the COVID-19 global pandemic. Over fifty percent of US office workers continue to work from home. Dozens of US cities have experienced transformative protests against racial inequality. As of the date of this article, we’re only a little more ... Read More

Health & Privacy Concerns as You Return to the Workplace

The world is slowly but surely returning to life, and people around the globe are beginning to wonder what the “new normal” is going to look like.  Media and other resources are feeding us plenty of information on what to expect when government restrictions are loosened enough for the majority of us to go back to work.  The immediate future that awaits us when we return to work is likely going to feel very ... Read More

Best Practices for Returning to the Workplace Post Covid-19

As non-essential businesses start to reopen, public health authorities around the world are continuing to take action to manage the COVID-19 outbreak. Long term success cannot be taken for granted. All sectors of our society must play a role if we are to minimize the spread of this disease. Many businesses will not survive 2020. For those that do, it is crucial that every survivor acclimates. Adapting to life in a ... Read More

How Our Law Firm Accidentally Prepared for the COVID-19 Outbreak

Several of our clients and friends have recommended that we publish an announcement that our firm is “open for business” and that we’re “ready and available” to serve our clients.  It never occurred to us to do that. I am writing this article to explain why, because it illustrates one of our core values so well. CLARK.LAW Core Value #2: Embrace Technology As many of you know, we have worked hard in recent ... Read More

COVID-19 Stay at Home Rules – How Do I Know if my Business is “Essential” and How Do I Prove It?

A growing number of states and local municipalities have issued “stay at home” orders to control the spread of the coronavirus outbreak.  The result is a hodge-podge of local and state directives, and experts predict soon over half of all Americans will be under instructions to stay home. By now most people know that “essential businesses” like food suppliers and healthcare operations are permitted to stay ... Read More