Securing Your Brand

What to ask before you hire a trademark lawyer?

Episode Summary
In this episode, host Kevin Rosenquist welcomes trademark attorneys Holly McFall and Melissa Jeda from Secure Mark Legal to discuss an essential topic: What should you ask before hiring a trademark lawyer? Whether you’re a startup, a growing business, or someone looking to protect your brand, this conversation will help you decide to choose the right legal partner.
Timestamps
[00:01] Introduction to the podcast and today’s topic[00:16] Meet the guests: Holly McFall and Melissa Jeda[01:17] Why working directly with a lawyer matters[02:28] What is a comprehensive trademark search?[04:49] The difference between DIY searches and professional searches[06:20] Common law rights and their implications for trademarks[07:14] Understanding “trademark mills” and what they offer[09:44] Recent changes in USPTO regulations and fees[12:22] How AI impacts the trademark process and potential risks[13:26] Specimen requirements and avoiding rejections[15:10] Tips for identifying reputable trademark services
About the Show
Securing Your Brand is your go-to podcast for everything related to protecting your creative assets. Whether it's trademarks, copyrights, or intellectual property, we bring you expert advice and actionable insights to safeguard your business, your brand, and your future. Hosted by Kevin Rosenquist, we simplify the complexities of intellectual property law so you can focus on building your empire with confidence.
 

Cautionary Tales: Lessons Learned in 2024 and What’s Ahead for the USPTO

Episode Summary:
In this episode, Holly McFall and Melissa Jeda dive into the recent changes at the United States Patent and Trademark Office (USPTO) and their impact on trademark and patent filings. They discuss updates to fee structures, stricter filing requirements, and the challenges AI-generated specimens pose. The episode provides invaluable advice for navigating these updates, whether you're filing on your own or seeking legal assistance.
The hosts also highlight how these changes aim to address fraud, streamline processes, and ensure more accurate filings. They stress the importance of proper preparation and share practical tips to avoid common pitfalls that could result in additional fees, delays, or even rejected applications.
 
Timestamps:
00:01 – Introduction to Securing Your Brand.00:16 – Overview of USPTO changes and their impact on intellectual property strategies.01:11 – Fee increases for application errors and why legal assistance is crucial.02:13 – Fraud prevention and AI’s role in the evolving trademark process.03:12 – AI-generated specimens and their impact on USPTO filings.04:50 – The role of AI in office action responses and the importance of proper citations.06:41 – Consolidation of trademark applications into a single form.08:02 – Per-class fees and new penalties for insufficient application information.09:17 – Common filing mistakes and the importance of accurate class selection.12:35 – Why building a solid foundation is key to successful filings.13:12 – How USPTO changes make DIY applications more challenging.14:09 – Avoiding fatal filing errors and the benefits of hiring a trademark attorney.15:13 – Real-world examples of filing errors and rebranding nightmares.15:49 – Closing remarks and how to connect with Secure Mark Legal.
About the Show:
 
Welcome to Securing Your Brand, a podcast dedicated to helping you protect your creative assets through trademarks, copyrights, and intellectual property. Join attorneys Holly McFall and Melissa Jeda from Secure Mark Legal as they share legal insights, trends, and tips for safeguarding your business in a rapidly evolving landscape.

Infringement Insights: Handling Copyright Disputes with a Thoughtful Approach

In this episode, Kevin Rosenquist is joined by Melissa Jeda and Holly McFall as they discuss copyright infringement and the legal steps to take if someone infringes on your work. They cover key topics like documentation, takedown procedures, legal actions, and the role of mediation in resolving disputes. The conversation also touches on how AI-generated works fit into the copyright landscape and the potential impact of using third-party vendors for content creation.

How to Handle Examiner Objections with Poise

Episode Summary:
In this episode of Securing Your Brand, Janet Badalow, a business intermediary, provides valuable insights on the process of buying and selling businesses. She explains the key aspects that determine whether a business is sellable, including financial stability, asset transfer, and intellectual property considerations. The conversation also covers the emotional aspects of selling a business, such as the owner's attachment and the importance of planning for life after the sale. Janet discusses how business valuation works, the role of business intermediaries, and why it’s beneficial to work with professionals rather than handling the sale independently.
 
Timestamps:
[01:02 - 01:49] - Janet talks about the emotional challenges for sellers and the transfer of a business.
[01:49 - 02:26] - Discussing how to determine if your business is sellable.
[02:26 - 02:54] - Importance of three years of financials for valuation.
[03:04 - 04:34] - Key assets involved in selling a business, including intellectual property.
[04:34 - 06:05] - A case example of domain and website ownership in a business sale.
[06:05 - 07:24] - Importance of keeping good records and being prepared for due diligence.
[07:24 - 08:55] - Business valuation methods and determining a sale price.
[08:55 - 09:50] - Key factors when choosing a business to buy.
[09:50 - 12:39] - Discussion on business type, working hours, and owner involvement.
[12:39 - 14:08] - How multipliers are used in business valuation and the value of employees.
[14:08 - 15:23] - Ensuring key employees remain post-sale.
[15:23 - 16:50] - Balancing emotional attachment with the realities of selling a business.
[16:50 - 17:36] - Transitioning from business ownership to retirement or new ventures.
[17:36 - 19:29] - The role of a business intermediary and why you shouldn't sell alone.
[19:29 - 20:30] - The importance of managing business value during the sale process.
 
About The Show"Securing Your Brand" is a podcast dedicated to helping entrepreneurs and business owners understand and protect their intellectual property. The show covers key topics related to trademarks, copyrights, and other legal aspects of business ownership. In this episode, business intermediary Janet Badalow joins the hosts to discuss the intricacies of buying and selling businesses, including the importance of understanding assets, intellectual property, and the emotional aspects of selling a long-established company. Janet shares insights on what makes a business sellable, how valuations are determined, and why using a business intermediary can ensure a smoother transaction.

Intent to use application – I love this name and don’t want others to use it!

In this episode of Securing Your Brand, hosts Melissa Jada and Holly McFall discuss the implications of using catchy phrases and viral trends as trademarks. They emphasize the importance of understanding trademark laws when considering using popular expressions in business. The conversation highlights how common phrases can be trademarked if used in connection with goods or services. The episode also covers the intent to use applications for trademark registration and the significance of adequately categorizing the trademark during the filing process. Tune in to learn how to protect your creative assets while navigating the ever-changing landscape of social media trends!
Timestamps:
[00:01:21] Catchy phrases as trademarks.
[00:06:02] Intent to use trademark application.
[00:09:11] Intent to use applications.
[00:12:19] Adding goods or services later.
[00:16:15] Intent to use applications.
[00:17:43] Social media influencing as business.
About The Show
Welcome to Securing Your Brand, the podcast where Holly McFall and Melissa Jeda from SecureMark Legal dive into the world of trademarks, copyrights, and intellectual property. Hosted by Matt Sky, each episode unpacks the complexities of IP law, offering insights and guidance to help you protect your brand and creative works.

Navigating Copyright Infringement Key Elements and Defenses

In this episode of "Securing Your Brand,"  Holly McFall and Melissa Jada from SecureMark Legal join Matt Skye to discuss the intricacies of copyright infringement. They explain that copyright infringement occurs when someone uses a copyrighted work without permission, emphasizing that intent or knowledge of ownership is irrelevant. The hosts highlight the importance of obtaining licenses for creative works, such as images and art, to avoid liability. They also address who can be held responsible for infringement, noting that the individual who uses the copyrighted material is typically liable. In scenarios involving third-party services, like marketing companies, the primary owner of the work may still be held accountable for any infringement. Tune in to learn more about protecting your creative assets and navigating the complexities of intellectual property.
Timestamps:
[00:00:27-00:00:37] Copyright infringement explained simply.
[00:05:36] Copyright infringement settlement options.
[00:08:21] Fair use as a defense.
[00:12:11] AI and copyright infringement.
[00:15:04] Fair use in copyright cases.
[00:17:10] Copyright ownership and responsibility.
 
About The Show
Welcome to Securing Your Brand, the podcast where Holly McFall and Melissa Jeda from SecureMark Legal discuss trademarks, copyrights, and intellectual property. Hosted by Matt Sky, each episode unpacks the complexities of IP law, offering insights and guidance to help you protect your brand and creative works.

How to File a Trademark

In this episode of "Securing Your Brand," hosts Holly McFall and Melissa Jada from SecureMark Legal discuss trademarks, copyrights, and intellectual property protection. They emphasize the importance of conducting thorough research before filing a trademark to ensure the uniqueness and availability of the business name. They recommend consulting an intellectual property attorney for a comprehensive search to better understand the landscape. The episode provides valuable insights for individuals looking to safeguard their creative assets effectively.
Timestamps:
[00:02:31] The importance of trademark ownership.
[00:04:48] Trademarking Food Product Names.
[00:08:05] Trademark infringement case for food truck.
[00:13:03] Trademark classification complexities.
[00:15:26] Consequences of wrong category.
[00:19:01] Determining if a name is generic.
[00:22:39] How to contest legal research.
[00:24:27] Early trademark registration importance.
 
About The Show
Welcome to Securing Your Brand, the podcast where Holly McFall and Melissa Jeda from SecureMark Legal discuss trademarks, copyrights, and intellectual property. Hosted by Matt Sky, each episode unpacks the complexities of IP law, offering insights and guidance to help you protect your brand and creative works.
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Unpacking the Types of Intellectual Property Law

This episode of "Securing Your Brand" delves into trademarks, copyrights, and intellectual property with Holly McFaul and Melissa Jetta from SecureMark Legal. The discussion covers the main types of intellectual property law - patents, trademarks, copyrights, trade dress, and trade secrets - and their respective protections. Patents safeguard designs and inventions; trademarks protect business identifiers like names and logos; copyrights cover creative works in tangible form; trade dress pertains to product design; and trade secrets safeguard confidential information. The episode clarifies the critical distinctions between patents and trademarks, highlighting their unique roles in intellectual property protection.
Timestamps:
[00:02:26] Trademarks vs. Patents.
[00:05:37] Trade dress in commerce.
[00:09:45] Trademark expansion complexities.
[00:11:53] Trade secrets vs intellectual property.
[00:16:22] Intellectual property legal cases.
[00:17:29] Importance of protecting intellectual property
About The Show
Welcome to Securing Your Brand, the podcast where Holly McFall and Melissa Jeda from SecureMark Legal dive into the world of trademarks, copyrights, and intellectual property. Hosted by Matt Sky, each episode unpacks the complexities of IP law, offering insights and guidance to help you protect your brand and creative works.
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