Asset Integrity: Why Your IP Schedule Is Lying to You
When was the last time anyone audited your IP schedule against the underlying registries? If the answer is “never” — or “I don’t know” — the schedule attached to your last fund Aged Trial Balance or M&A package was probably wrong. The fix is structural. Every IP schedule is a snapshot. Every snapshot is wrong by the time it is delivered. The question is not whether the schedule is current — it is whether the variance between the schedule and reality is small enough to defend, and whether the underlying records support reconstruction when challenged. For most companies, the answer… [read more]
Acquired Distinctiveness: Building Trademark Rights Through Use
Acquiring secondary meaning is a process by which a trademark that is not inherently distinctive becomes distinctive by developing a strong association in the minds of consumers between the mark and the source of the goods or services. Secondary meaning is also known as acquired distinctiveness or acquired significance. Some paths to acquiring secondary meaning are: Long and continuous use of the mark in commerce, especially if it is exclusive or substantially exclusive, which can create a presumption of secondary meaning after five years of use under the Lanham Act. Extensive and consistent advertising, promotion, and publicity of the mark,… [read more]
Excusable Non-Use of a TM: What to Know When Govt. Approval Delays Commercial Use
Trademark owners are generally required to use their marks in commerce to maintain their federal registration. However, US trademark law recognizes that certain circumstances can delay use, without penalizing the owner or resulting in abandonment. One of the most common and accepted scenarios is waiting for government regulatory approval—a delay that, when properly documented and justified, may qualify as excusable non-use under Section 8 of the Lanham Act. Below, we break down how trademark owners can protect their rights while navigating regulatory delays or other exceptional circumstances. Regulatory Approval as Excusable Non-Use If the use of a trademark is delayed… [read more]
Supplemental Register: Trademark Protection for Descriptive and Developing Marks
Not all trademarks are immediately eligible for full federal protection on the US Principal Register. For marks that are descriptive, non-distinctive, or otherwise lacking in acquired consumer recognition, the Supplemental Register offers an alternative path to limited federal rights—one that can serve as a strategic foundation while the brand builds distinctiveness. Here’s what brand owners, startups, and trademark professionals need to know about the Supplemental Register and when it may be a useful tool in your trademark portfolio strategy. What Is the Supplemental Register? The Supplemental Register is a secondary registry maintained by the United States Patent and Trademark Office… [read more]
Enforce Your IP at the U.S. Border: A Guide to CBP Recordation
Counterfeit goods and unauthorized imports can severely undermine your brand’s reputation, reduce revenue, and expose consumers to risk. Fortunately, US rights holders have a powerful—but underutilized—tool to fight back: recording their trademarks and copyrights with US Customs and Border Protection (CBP). CBP plays a frontline role in enforcing intellectual property (IP) rights at US ports of entry. By recording your registered trademark or copyright with CBP, you empower federal agents to seize counterfeit or infringing goods at the border before they ever reach the market. Here’s what you need to know to leverage CBP’s IP enforcement capabilities. Step 1: Submit… [read more]
IP Risks and Strategies for Crypto Hedge Fund Managers: What You Need to Know
As cryptocurrency and blockchain-based investments mature, crypto hedge fund managers face a growing list of intellectual property (IP) concerns that differ significantly from those in traditional finance. Blockchain technologies, smart contracts, and token-based platforms introduce novel legal issues that can materially affect a fund’s portfolio, valuation, and long-term strategy. Here, we outline the most pressing IP-related issues that crypto hedge fund managers must understand and proactively address. Patent Risks in Blockchain Investments Patent Risks in Blockchain Investments Blockchain-related innovations are increasingly subject to patent filings by both startups and large technology firms. While the ethos of blockchain development… [read more]
