What is a Trademark? Is Your Business Ready for one?; Small Business Trends, 6/16/16

Nellie Akalp, Small Business Trends; What is a Trademark? Is Your Business Ready for one? :

"It takes a minimum of several months — sometimes close to a year — to register a trademark. While you may be at the mercy of the backlog at the USPTO, there are a few things you can do to make sure your application is processed as quickly as possible. First, the more distinctive your mark is, the easier it will be to trademark. A descriptive or generic name like “Pretty Flowers” will most likely be rejected.

In addition, performing a very thorough name search upfront is the most important thing you can do to speed along your trademark application and minimize the chance of rejection. Your application will be rejected (and you’ll lose your application fee) if the USPTO finds another business is already using a similar mark in commerce.

Searching the USPTO’s online database is a first step toward finding any similar and potentially conflicting marks. But, if you’re serious about your trademark application, you should also perform a thorough search that includes state trademark databases and business directories. That’s because a business can enjoy common law rights without formally registering. You can have a trademark lawyer or online legal filing service help you with this important search."

Happy Together' Copyright Dispute in NY Top Court; Associated Press via New York Times, 5/3/16

Associated Press via New York Times; Happy Together' Copyright Dispute in NY Top Court:

"New York's highest court has agreed to rule on a case pitting the owner of The Turtles' 1967 hit "Happy Together" against Sirius XM Radio.

The issue is whether the copyright owners of recordings made before 1972 have a common law right to make radio stations and others pay for their use."