Posts by Allie Morris

What is the USPTO's expedited review process?

The process of obtaining a trademark from the United States Patent and Trademark Office (USPTO) can be complex and time-consuming. For applicants looking for a faster review process, the USPTO offers an expedited review option for trademark applications. It typically takes about 2 to 3 months from the time of filing (as opposed to the standard 8-12 months) to the issuance of a trademark registration, assuming there are no significant issues or objections.

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Eligibility requirements for expedited review

To take advantage of the expedited review process offered by the USPTO for trademark applications, you'll need to meet certain eligibility requirements. Generally, the expedited review option is available for applicants who can demonstrate a genuine need for expedited consideration. This may include situations where there is an imminent risk of trademark infringement or a need to enforce rights in court.

Additionally, applicants must meet other general requirements for registration, such as providing a complete and accurate application, meeting all statutory requirements, and paying the appropriate fees.

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How to apply for expedited review

In order to request an expedited examination for your application, you need to submit a Petition to Make Special to the USPTO after filing your application but before the commencement of the initial examination process. Your petition should include:

1. A comprehensive statement outlining the reasons why your application warrants special consideration.
2. Supporting facts indicating potential trademark infringement, legal disputes, or the necessity of U.S. registration to secure a foreign trademark.
3. Evidence demonstrating potential losses the applicant may incur if the application is not expedited.

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Things to consider before filing a petition to expedite your trademark

Deciding whether to file a Petition to Make Special should involve careful consideration and informed judgment. Points you should first consider include, but are not limited to:

• Financial resources necessary to cover the cost of the Petition
• Whether or not your evidence and circumstances justify expedited processing
• Whether or not there is ongoing litigation related to your trademark
• How long your trademark has been in use

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If you are unsure of your eligibility or need assistance with filing, Lloyd & Mousilli can advise you on the best course of action.

Your business name is not just a label; it's the beacon of your brand's identity, guiding consumers to the unique products and services you provide. In the entrepreneurial journey within the United States, where your brand essence is crucial to your market presence, the protection of your name isn't just an option—it's essential.

However, the formation of an LLC, just like a Corporation or Sole Proprietorship, while providing a foundation for your business structure, does not automatically shield your name from potential infringement.

Without robust intellectual property safeguards, your cherished business name remains exposed to risks that could undermine your brand and reputation, or even lead to a costly lawsuit.

No, an LLC doesn't protect your business name, and neither does a C-corp, S-corp or sole proprietorship. But trademark registration does. Read on to find out how your business name can be protected from legal risk and what you can do about it—starting today.

Your business name is not just a label; it's the beacon of your brand's identity, guiding consumers to the unique products and services you provide. In the entrepreneurial journey within the United States, where your brand essence is crucial to your market presence, the protection of your name isn't just an option—it's essential.

However, the formation of an LLC, just like a Corporation or Sole Proprietorship, while providing a foundation for your business structure, does not automatically shield your name from potential infringement.

Without robust intellectual property safeguards, your cherished business name remains exposed to risks that could undermine your brand and reputation, or even lead to a costly lawsuit.

Trademark protection is vital for business owners seeking to secure their brand identity against infringement, as LLCs and other legal entities do not offer this safeguard inherently. For entrepreneurs considering forming a business entity, understanding the trademark process and consulting with a trademark law firm for legal advice can greatly enhance their assets' security and ensure comprehensive brand protection.

What Is an LLC?

An LLC, or Limited Liability Company, offers a blend of flexibility and protection, shielding owners from personal liability for business debts and offering favorable tax treatments, much like other corporation structures but with distinct advantages.

While essential, forming an LLC through filing a Certificate of Formation with your Secretary of State is merely the first step. Here at Lloyd & Mousilli, we dive deeper, preparing all vital corporate documents to ensure your business is a well-constructed fortress from the start.

Trademark protection is essential for any business, regardless of its structure, to safeguard its valuable assets and branding. Understanding the intricacies of trademark rights and the implications of trademark infringement is crucial for entrepreneurs and LLC owners looking to effectively shield themselves from potential legal challenges and liabilities.

How do I protect my brand name in the USA?

But what about protecting the very essence of your identity—the name of your LLC, or your product or service? This is where trademarking, guided by the United States Patent and Trademark Office (USPTO), shines as your safeguard. Registering your business name as a trademark solidifies your claim over it, marking it as uniquely yours in the commercial arena.

A trademark not only includes the name of your LLC, but it also extends to the logo that represents your brand, ensuring you have exclusive rights to it. For many entrepreneurs, securing federal trademark protection through the United States Patent and Trademark Office (USPTO) can be a crucial step in safeguarding their legal name and preventing other companies from infringing on their ownership rights.

What is a trademark and how is it important to my LLC?

A trademark is a word, phrase, symbol, and/or design that distinguishes one company's products and services from a competitor. Trademarking empowers you to take decisive legal action against any misuse of your brand name, preserving the integrity of your brand.

A trademark is more than just legal protection; it is a declaration of your brand's uniqueness, differentiating your offerings from competitors', enforced by the stringent laws of the United States.

A trademark serves as a vital tool for new business owners, offering important legal reasons to protect their chosen business name and brand identity. By filing trademark applications with the US Patent and Trademark Office and conducting a comprehensive trademark search, small businesses can significantly lower the risk of litigation and safeguard their interests against competitors who may attempt to steal their business money or reputation.

How do I register an LLC trademark?

With Lloyd & Mousilli's expertise in intellectual property, we guide you through the nuances of trademark registration with the USPTO, ensuring your business name commands the respect and recognition it deserves within your industry.

Our specialized team is ready to navigate you through the intricacies of trademark application. From identifying the appropriate goods and services class to crafting a comprehensive trademark strategy, our hands-on approach simplifies the process, giving you peace of mind and more time to focus on what you do best—growing your business.

By partnering with us, you ensure that your trademarks are legally secured, providing you and your limited liability company (LLC) with the necessary legal entity protections. Our approach not only clarifies whether an LLC can shield its owners from bankruptcies and lawsuits but also prepares you to combat scenarios where a business steals your intellectual property rights.

In short, Does an LLC Protect Your Business Name?

No. Granted, forming an LLC does offer a solid foundation for protecting your business identity. The structure of an LLC shields personal assets in legal situations. It also clearly separates the organization from its owners in the eyes of the law. However, forming an LLC alone does not guarantee automatic protection for your trademark or business name. To ensure your business name is fully safeguarded, you must undertake trademark registration at state or, ideally, federal levels for nationwide protection against infringement.

Advantages of an LLC for Business Protection

Forming an LLC protects your business in many ways:

1. Liability Protection: Unlike a sole proprietorship, an LLC offers liability protection. It separates personal assets from business liabilities. This legal structure positions you as the clear legal owner of the business name, essential for sustaining a robust brand identity.
2. Enhanced Credibility: An LLC enhances credibility with clients and partners. This provides a layer of legitimacy and safety. Such a structure is especially beneficial in competitive markets, indicating a formal commitment to business operations and reputation management.

The Risks of Neglecting LLC Name Protection

Without appropriate steps to protect your LLC name, you may encounter legal challenges and brand recognition issues. Competitors might register similar names, potentially compromising your unique market identity and leading to disputes. Proactive methods like securing patents and trademark registration are vital for maintaining your LLC's distinctive character and preventing conflicts.

Key Steps to Protect Your Business Name

1. State-Specific Registration: Registering your business name as part of your LLC formation establishes your rightful ownership and deters potential infringements. This is crucial in maintaining brand integrity.
2. Diligent Monitoring: Pay attention how your business name is used in the marketplace to catch any unauthorized use early. Prompt action against infringements helps maintain your brand’s integrity.
3. Understanding Trademark Protection: Acknowledge that LLC formation is just one step. Comprehensive brand protection requires a trademark strategy to fully secure your business name against misuse.

Conclusion: LLCs and Business Name Protection

In summary, LLCs don't automatically secure your company name against competition or misuse. The power's in your hands to protect it. And how do you do it? Actively managing your brand, applying for trademark registration, and complying with relevant legal requirements. Only through these efforts can you realize the full benefits of an LLC in protecting your business name. That's the sure way to reap the rewards of long-term brand credibility and market position.

How Can Lloyd & Mousilli Help with My LLC?

Take the first step in fortifying your brand's legacy. Schedule a free consultation with a Lloyd & Mousilli expert today. Or, if you're ready to propel your trademark journey forward, our straightforward trademark intake form awaits your key details to kickstart the process.

Let Lloyd & Mousilli be your companion in transforming your brand from vulnerable to invincible. Your business name, whether tied to an LLC, Corporation, or Sole Proprietorship, is the cornerstone of your identity. Protect it with the vigilance it deserves, under the vigilant eyes of the United States Patent and Trademark Office.

What is the Metaverse?

The metaverse is essentially an immersive experience that integrates the virtual world and reality, allowing users to interact with one another even if they are not physically in the same space. People can work, shop, and socialize in the metaverse the same way they do in real life. This inevitably translates to a digital economy; users can sell and purchase virtual products, like clothes and real estate, that only exist in the metaverse. 

‍Who is trademarking in the Metaverse?

Major brands are preparing to enter the metaverse by trademarking their logos and products. 

• Nike has filed seven trademark applications with the USPTO in which the company indicated its intent to make and sell virtual apparel. 
• CVS Health filed to trademark its pharmacy and health clinics with the USPTO, intending to patent sales of virtual goods like wellness and beauty products, prescription drugs, and non-emergency medical services.
• Walmart has filed several trademarks that indicate its intent to market virtual goods. In a separate filing, Walmart specified that it would offer customers NFTs and a virtual currency. 
• Most notably, Facebook has dedicated itself to total immersion in the metaverse. Last year, the company officially changed its name to Meta. 

‍Why are trademarks in the Metaverse important?

Your intellectual property is valuable and should be protected- both physically and virtually. Creators are already taking advantage of the unprecedented circumstances created by the introduction of the metaverse. For example, third-parties filed two trademark applications last year to use Prada and Gucci logos on “downloadable virtual goods” on metaverse platforms. The third parties are unaffiliated with the real Prada and Gucci, but their attempt to capitalize on  major brands in the metaverse marketplace is an indication of what is to come.

 Shielding your brand’s name and image in the virtual world is crucial. Lloyd & Mousilli can guide you through the complexities of obtaining a trademark for use in the metaverse to ensure you are afforded the protection your brand is entitled to. 

‍What protections does a trademark in the Metaverse offer?

Fraudulent use of your intellectual property by unaffiliated third parties can be detrimental to your brand’s image. The last thing you want is your customers being exposed to confusingly similar products being sold by infringers. A trademark will legally protect your brand in the event that your products or intellectual property are infringed upon. Even if your brand has already obtained trademark registrations for the “real world,” you should consider filing separate applications for those existing trademarks that cover distinct virtual goods and services. This will ensure that such rights are recognized and protected in the metaverse virtual marketplace. 

‍How are trademarks in the Metaverse enforced?

The first course of action to enforce a trademark is typically to send a cease and desist letter to the infringer. If this is unsuccessful in stopping the infringement, the next step is to file a lawsuit. Trademarking in the metaverse is a relatively new concept so it is still too early to say exactly how trademark enforcement in the virtual world will unfold, but the general process of stopping an infringer will be the same. Lloyd & Mousilli is prepared to preserve the integrity of your brand by counseling you in the event of trademark infringement.

You Want In: Where Do You Start?

Filing a trademark application for your brand is the first step. Lloyd & Mousilli's trademark attorneys understand the complexities of intellectual property, as well as the intersection of technology and law. Book a consultation to discuss more in depth about the trademark process as it pertains to the metaverse.

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Why are Examiner Interviews beneficial?

Examiner interviews are the not-so-secret weapons of patent prosecution. If conducted strategically, an interview with your patent examiner can potentially be the driving force that leads to a successful registration. 

An examiner interview can provide several benefits, including: 

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Examiners are only human; misunderstandings in the written communication between the examiner and the applicant can often be clarified with a face-to-face discussion. Your conversation may unearth information you otherwise would not have obtained. For example, your examiner may have misunderstood your claim as you’ve written them. A verbal explanation may provide the necessary clarity that the examiner was missing. 

_{‍Cost and time reduction}

On average, each Office Action response costs about $3,000. An interview with the examiner can potentially reduce the number of refusals issued against your application, saving you money and cutting down the prosecution time. 

‍When and how can you request an interview?

Once a first refusal has been issued, patent applicants are entitled to an interview with their examiner. There are three ways to submit a request for an interview: 

(1) Fill out a PTOL-413A form 

(2) The USPTO’s online Automated Interview Request (AIR) system

(3) Call your examiner directly to request an interview

‍Tips for a successful interview:

Simply attending the interview isn’t enough; preparation is key. Some ways to prepare for your interview are:

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Come prepared. Examiner interviews are typically 30 minutes long - make the most of your time by being as concise and efficient as possible. Prepare an itinerary for your discussion, including all questions and arguments you have for the examiner.

_{‍Ask for input}

An interview allows you to directly request the examiner’s recommendations for improving the claims in your application. For example, making note of the claim language the examiner uses is a strategic way to improve your arguments; they are not likely to reject their own language, so take advantage of this opportunity to receive their direct input. 

‍Ready to take the plunge on a patent application?

Patent applications are tedious and complex. It can take the average person months to learn the ins and outs of patent prosecution. Applying on your own is always a risk, as one small mistake can lead to drastic consequences regarding cost and time delays. 

Lloyd & Mousilli has dedicated intellectual property attorneys who are experienced in the patent application process. We can assist with the preparation and filing of your application, as well as offer strategic guidance on your overall intellectual property protection. 

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La Dart’s official complaint is largely predicated on her assertion that the stylistic elements of her book are not typical, and that they are not present within other published works. Therefore, she alleges that there is a substantially similar overall impression of the two works that constitutes infringement. 

In order to prove her allegations, La Dart has the burden of proving two elements:

1. She owns a valid copyright 
2. Swift copied constituent elements of La Dart’s original work

La Dart’s complaint establishes that she obtained a valid copyright registration for her book in 2010. The more difficult element to prove is the second, as it relies on La Dart using circumstantial evidence to support her claims. 

For example, La Dart’s complaint asserts that Swift had “repeated and long-term access” to her book “Lover“ as it was available through various channels after its publication. If she is unable to provide evidence that the work was actually accessed, she must show that there is a “striking similarity” between her work and Swift’s.

La Dart claims that Swift’s album and accompanying book contain a “substantially similar” format, color scheme, and design. The identical titles, of course, are also at issue. The complaint also alleges that the photographs of the two women on the covers of their respective books are similar enough to warrant infringement, as they are each shown in an “upward pose.” 

An additional element often used to prove copyright infringement is that the defendant sought commercial advantage or private financial gain. While La Dart’s complaint does not explicitly accuse Swift of such, it certainly implies it by referring to the considerable number of sales and subsequent monetary gains of Swift’s Lover album.

The complaint, filed on August 23rd, 2022, declares that La Dart has been irreparably harmed by Swift’s album. She is seeking $1 million in damages, as well as Swift’s profits attributable to the infringement. At the time of this publication, there were currently no substantive updates on the case.

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Brand Protection in E-Commerce and Your Amazon Store

In the e-commerce space, especially on Amazon's hyper-competitive marketplace, the available options are limitless for the consumer. There are endless amounts of products available from anywhere at any time, which is why brand identity is critical to stand out.

Considering the tremendous amount of e-commerce companies and Amazon sellers, there is always the possibility of infringement. This is why it is important that the consumer knows exactly who they are purchasing from.

What is the Amazon Brand Registry?

The Amazon Brand Registry is a program that assists brand owners in protecting their intellectual property on Amazon. The most pertinent feature in this context is its Project Zero Program. Once infringement is proven, the program allows you to blacklist those infringing users.

The competitiveness of Amazon.com is why establishing a distinguished brand identity among legions of sellers is more crucial than ever. As an Amazon Brand Registry member, achieving standout brand recognition and brand awareness not only enriches the shopping experience but also fortifies your defense against patent infringements. This ensures that your brand can navigate the complexities of Amazon with confidence, preserving a strong reputation.

Joining the Amazon Brand Registry brings a wealth of benefits, crucial among them enhanced brand protection and heightened brand awareness among customers. Utilizing the tools Amazon provides, such as Brand Registry accounts and the Amazon Vine program, you can markedly advance your brand-building and make your customer journey more memorable -- with sound legal protection.

Why is Amazon's Brand Registry important?

A popular seller on Amazon is bound to attract infringing parties who seek to capitalize on that brand’s reputation and loyal customer base. The infringing party may produce subpar products and deliver poor customer service. This can result in financial loss and a damaged reputation for the true brand. A trademark registration, however, gives the Amazon seller recourse to take action against the infringing party.

Establishing a trusted brand that customers will return to is key, and the first step is to ensure that your brand identity is protected by a trademark registration. This will safeguard both your brand’s identity as well as your customers from infringing parties. Joining Amazon's Brand Registry gives you the ability to report those infringing listings to keep your brand safe, and your customers satisfied.

For active Amazon sellers, it's key to meticulously manage your brand identity with robust brand protections, especially through trademark registration. By engaging in the Brand Registry program and integrating with the available ecommerce software solutions to protect your reputation and monitor your IP, you empower your Amazon business amplifies brand presence and significantly refine the customer experience.

How do I create a Brand Registry Account?

To be listed on the registry, your brand must have an active, registered trademark through one of the following government trademark offices:

• United States
• Brazil
• Canada
• Mexico
• Australia
• India
• Japan
• France
• Germany
• Italy
• Spain
• Netherlands
• Turkey
• Singapore
• Saudi Arabia
• Sweden
• Poland
• United Kingdom
• European Union
• United Arab Emirates

Once you’ve obtained a trademark registration, you may apply for the registry.

To qualify for Brand Registry enrollment, your registered trademarks must be acknowledged by the United States Patent and Trademark Office (USPTO) or international equivalents. Approval unlocks improved brand visibility on Amazon product pages and a more effective reputation management strategy, thus potentially boosting sales for registered brands. Moreover, the program aids in product authentication and building customer trust, placing your brand in line with Amazon's top-class brand positioning.

How do I obtain a trademark registration?

Applying for an E-Commerce Trademark:

Obtaining a trademark begins with filing an application. Lloyd & Mousilli specializes in intellectual property and can assist you with the trademark application process from start to finish. We will guide you through the process of crafting a goods and services description and selecting appropriate evidence of use. Additionally, our seasoned attorneys are well equipped to advise you on overall IP strategy.

Click here to book a free strategy session with a member of our trademark team.

Can I join Amazon's Brand Registry if my application is pending?

There is a loophole that allows some sellers to apply to Amazon’s Brand Registry even if their trademark is not officially registered yet. Sellers in the United States, United Kingdom, Germany, and India are eligible to apply to the registry while their trademark is pending in the application/examination phase. This is especially advantageous considering the registration process is currently averaging 8 to 12 months for United States applicants.

If you are in one of the above mentioned countries, your brand is eligible to apply to the registry as soon as your trademark application is pending.

Benefits of Amazon Brand Registry

Want to protect your brand and boost sales on Amazon.com and other Amazon Marketplaces? The Amazon Brand Registry empowers sellers with tools for brand protection, enhanced content, and powerful marketing opportunities.

By enrolling, you establish a Brand Registry account and gain access to tools that safeguard your brand identity. Combat counterfeit products, maintain an excellent Amazon reputation, and ensure that products customers find on Amazon product pages – including your own multi-page store – are authentic.

Amazon Brand Registry unlocks a range of benefits for Brand Owners, including:

• Enhanced Brand Protection: Fight back against patent infringements and unauthorized resellers. Utilize the Amazon Authenticity program, safeguard your product listing, and build customer loyalty. Active Amazon sellers know that the Brand Registry helps ensure customers find authentic items, not fakes.
• Boost Sales with Increased Visibility: Optimize your Amazon product listings with rich content and enhanced visuals. Attract new-to-brand customers with your own Brand Store, improve your brand positioning in Amazon Search results, and drive traffic to your online storefront.
• Powerful Marketing Features: Access exclusive tools like Amazon Brand Analytics to run reports, understand shopping trends, and know your customers better. Leverage Display Ads, Amazon Attribution (to track off-Amazon ads), and Sponsored Brands Ads to reach more shoppers. The Brand Registry helps you take control of your marketing channels.
• Dedicated Brand Registry Support: Get help from Amazon experts to navigate the platform, address any issues, and make the most of your Brand Registry benefits. They can also help you understand sales trends better.

Features of Amazon Brand Registry

The Amazon Brand Registry provides sellers with access to a powerful suite of tools and reports to manage brand identity and drive growth as a vendor:

• Brand Registry Portal: Your central hub to access exclusive tools, report infringements, manage your brand registry data, and track performance across all country-based Amazon stores. It’s also where you’ll manage multiple brand registry accounts if you have them.
• Amazon Brand Analytics: Gain insights into customer searches, get a deeper understanding of competitor products, and analyze your brand's key performance metrics. You'll get closer to knowing what customers are searching for before they make a purchase.
• Reporting Tools: Monitor your product sales, track brand performance through the main Brand Dashboard, and receive valuable customer feedback. This all contributes to better reputation management.
• Additional Features: Benefit from the Amazon Transparency Program to maintain your seller reputation. Use Product Serialization – assigning a unique code to each product – to protect against counterfeits. Leverage the Amazon Attribution console for more effective ad campaigns and targeting.

Common Challenges in the Brand Registry Process

Navigating the Amazon Brand Registry process can present challenges for a new seller. Here are some common hurdles and how to overcome them:

• Trademark Issues: Amazon Brand Approval requires a full trademark certificate from a source like the United States Patent and Trademark Office (USPTO). Understand their trademark registration requirements, get your utility patent or copyright from the United States Patent and Trademark office, and ensure your trademarks are correctly registered before you apply. A thorough, informed trademark search through the United States Patent and Trademark Office (USPTO) database can help you avoid trademark disputes before you even apply. While you can go it alone, the experience and nuance of an attorney can help you avoid pitfalls.
• Application Rejections: Incomplete brand registry applications or trademark issues can lead to rejections. Thoroughly review Amazon policies and seek Brand Registry help from Amazon Support if needed.

Best Practices for Maintaining Brand Registry

To make the most of your Brand Registry membership:

• Regularly Update Brand Information: Keep your Brand Page, product listings (including Amazon Product Detail Pages), and brand name information up-to-date and accurate. An attractive brand page will catch the eye of Amazon customers. Respond to Amazon reviews and customer feedback. This ensures a good shopping experience and strengthens your brand's presence.
• Monitoring and Addressing Infringements: Use the tools provided by the Brand Registry to monitor your Amazon Store for unauthorized sellers and counterfeit products. Be proactive in protecting your intellectual property.
• Engage with Amazon Support: Utilize the resources available through the Amazon Transparency program, the Amazon Vine program, and don't be afraid to contact Amazon Support with questions or to report infringements. They offer several brand registry benefits and can provide the ultimate guide to Amazon success.

As a vendor, manufacturer, or brand, by following these best practices, you can effectively increase brand awareness and protect your intellectual property, which includes trademarks, copyrights and brand names. This will lead to greater brand recognition while you enhance brand visibility and drive sales on Amazon and other marketplaces.

How Lloyd & Mousilli Can Assist with Brand Protection in E-Commerce

The Amazon Brand Registry enhances your brand presence. Amazon business owners like yourself can skillfully navigate marketing channels knowing your vital intellectual property has the foundation of Amazon safeguards.

Protecting your intellectual property is critical to maintaining your brand's identity. Our experienced counsel can guide you through the trademark application process to ensure you have the greatest likelihood of achieving registration. We are well-versed in the Amazon Brand Registry process and are ready to help you claim your place on the registry.