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TMC (Trademark, Marketing & Copyright) Blog

The TMC (Trademark, Copyright & Marketing) Blog is a forum for Bell, Davis & Pitt’s intellectual property attorneys to share practical advice, news, and observations about recent court decisions, legislation, and trends in trademarks, brand and patent licensing, marketing, and advertising, and to discuss a wide variety of topics that relate to intellectual property. Our aim is to provide useful and interesting content to business owners, marketing professionals, brand managers, and anyone else interested in IP issues.

USPTO Now Issuing Electronic Trademark Certificates

Jun 02, 2022

As of May 24, 2022, the USPTO will issue electronic registration certificates instead of the traditional paper ones. This beneficial change means trademark owners can view, download, and print their electronic certificates at any time, for no charge.  Trademark owners and all email addresses of record will receive an electronic link to the official registration certificate on the Trademark Status and Document Retrieval (TSDR) system upon issue of a mark by the USPTO. ...

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NC Business Court Clarifies Scope of Mandatory Business Court Designation

May 26, 2022

N.C.G.S. § 7A-45.4 provides for nine categories of cases that any party may designate as a “mandatory” complex business case.  The most commonly used provisions are Subsection (a)(1), for cases involving a material issue related to the law governing corporations, partnerships, and limited liability companies, and Subsection (a)(2), for cases involving a material issue related to disputes involving securities, including disputes arising under the North Carolina Securities ...

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Staying Competitive in the Cannabis Industry: State Cannabis Rule Update

Apr 20, 2022

Cannabis legalization in the United States is an ever-changing landscape for current and prospective business owners within the industry. Staying ahead of these changes as they develop, particularly as it relates to intellectual property rights, is integral for remaining competitive.While there has yet to be any concrete movement at the federal level, individual states are continually changing their respective laws as they relate to cannabis use, possession, production, and distribution.  ...

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Spectrum of Distinctiveness: Fanciful, Arbitrary, Suggestive, and Descriptive Trademarks

Oct 19, 2021

What’s the difference between a ROLEX brand timepiece and a HONEY BAKED HAM brand holiday ham? The answer is more than just whether they would make for an enjoyable Easter dinner.  One is a strong, fanciful trademark and the other is constantly in danger of becoming generic.  This difference in distinctiveness significantly affects the intellectual property protections that each mark receives. When researching a new brand and corresponding trademarks, it is essential to ...

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Cannabis Trademark Search Tips

Sep 15, 2021

You have been dreaming, researching, and ideating plans for your cannabis business. Now that you are ready to begin naming, branding, and launching your business, don’t get ahead of yourself. As we have advised previously on the blog, and it bears repeating, it is always prudent to conduct a trademark clearance search before launching your business or product into the world. Launching a new brand – and possibly having to re-launch later under a different brand because you ...

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OUT INTELLECTUAL PROPERTY TEAM

Arthur J. DeBaugh

Attorney

Ryan M. Gaylord

Attorney

Huma Lofca

Law Clerk

Erika Hubbard

Paralegal

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