Author: David Ferrance

David Ferrance is an attorney with Law 4 Small Business, P.C. He is licensed to practice law in the State of New Mexico and the US Patent and Trademark Office.

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what are trademark classes

What Are Trademark Classes?

One of the more bewildering aspects of a trademark application is describing the goods and services the mark will identify.  In this post we look at how the USPTO classifies...

atari sues nestle

Atari Sues Kit Kat for IP Infringement

Intellectual property is in the news again this week.  Atari, an iconic video game company, sued Nestle, alleging that Nestle committed IP infringement on its classic “Breakout” video game by...

trademark a surname

Can You Trademark a Surname?

Many people believe that they have the right to use their last name (i.e. surname) as part of their business name.  This makes sense, as many people share the same...

has google become generic

Has “Google” become a generic term?

If you are like most of our readers, you got to this page after you googled something trademark-related.  And if you are like most people, you probably didn’t think twice...

artist control what you do with her work

VARA: How Artists Can Protect Their Rights

As business attorneys, we frequently deal with copyright questions related to graphic arts and other commercial artwork.  Usually this means putting agreements in place to make sure everyone owns the...

avoiding trademark ownership pitfalls

Avoiding Trademark Ownership Pitfalls

We help a lot of small businesses protect their trademarks and one issue that comes up frequently is identifying the correct owner.  This is the very first entry you must...

alternative facts

Alternative Facts

We’ve written before about the importance of acting quickly when it comes to registering your trademark. Even if you are entitled to registration, waiting to file can add significant delay...

boilerplate matters in contracts

Boilerplate Matters in Contracts

I’ve been running into a lot of contracts disputes lately where a party’s rights were potentially affected by missing boilerplate provisions.  Boilerplate generally refers to language that is reused from one...