S13 W4 E13-16 Leveraging INSPIRATION: The Inspired Patent Podcast with Wayne Carroll

S13 W4 E13-16 Leveraging INSPIRATION: The Inspired Patent PodcastTM 

Wayne Carroll - “ Leveraging INSPIRATION: The Inspired Patent PodcastTM   - Intellectual Property Strategy for Startups & Small Business” 
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Week 4 of 13: Maximizing Trademark Protection: First Use, Research Strategies, and Start Strong and Finish Strong

E13: Terrible vs Terrific Trademarks
E14: Who Is First, And Why It Matters For Trademarks
E15: TM vs Circle R ® And Important Trademark Use Tips
E16: Don’t Lose Your Trademark - Renewals And Monitoring

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S13 E13  Terrible vs Terrific Trademarks

I met an attorney at a networking event but did not get his contact information, but I wrote down his name and the area of law he practiced. I wanted to reconnect so I tried to find him on the Internet.

Unfortunately, he had a very common last name and there were dozens of different attorneys with the same name and it was very difficult to find him in this way. In his case, his name made a terrible trademark because it was not easy to distinguish him from other attorneys. 

The US Trademark Office and the Courts recognize a continuum of trademark strength, with the weakest on the continuum giving little or no trademark protection, and the strongest trademarks being afforded the greatest protection. 

What you need to know.

There are 4 trademarks “strength” categories:
1) Generic trademarks

2) Descriptive

1. Merely Descriptive
2. Acquired Secondary Meaning

3) Suggestive

4) Fanciful and Arbitrary

There is an inverse relationship between the strength of a trademark and the initial advertising appeal of a trademark. A strong trademark has a low initial advertising appeal, and a trademark with a high initial advertising appeal is often a weaker trademark.

What you need to do.

Determine if your Trademarks are strong or weak. 

TAKE ACTION

Book time on my calendar for a free consultation regarding your trademark
 
In our next episode, we are discussing trademark first use, and why it matters who is first.

BIO:
Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.  

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.


TAGS: Podcast, Trademark Law, Intellectual Property, Trademark Strength, Trademark Continuum, Trademark Categories, Generic Trademarks, Descriptive Trademarks, Suggestive Trademarks, Fanciful Trademarks, Arbitrary Trademarks, Trademark Protection, Trademark Appeal, First Use, Wayne Carroll, Inspired Idea Solutions, IP Strategy, Small Business, Free Consultation, Legal Advice, Eagle Scout, Boy Scouts, Business Strategy, Brand Protection, Brand Leverage, Strategy Session, Protect Your IP, Leverage Your IP

S13 E14 Who Is First, And Why It Matters For Trademarks
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Have you ever worked hard to be first in line? Lunch line, Black Friday, concert tickets, the latest iPhone, airplane seating. 

For trademarks, there are several different ways to determine who is first in line, and therefore gets the exclusive right to use a brand name or logo. Sometimes people think they are first in line and they are not. We will discuss how first use, first state trademark registration, and first federal trademark registration are different and work together to determine who get the rights. 

If you're a small business owner or entrepreneur looking to protect your business brands, be sure to subscribe to our podcast and book a call with us to discuss your trademark strategy.

What you need to know

• First use means a SALE. 
• First use gives SOME trademark priority.
• Research in the Trademark Office and business directories.

What you need to do

• Identify your most valuable brands and write them down
• Gather proof of the first sale using the brand (or the first sale you can document)
• Work with a trademark attorney to develop a strategy and research if the brand is available.
• Plan future brands as far in advance as possible (1 year is ideal)

TAKE ACTION
Book a call with me, Wayne Carroll, to discuss your trademark strategy and start taking steps to protect your brands today!

The next episode is about the proper use and marking of your trademark, and what NOT to do.
 
BIO: 

Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.  

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.


TAGS: #patentclaims #patentstrategy #smallbusiness #entrepreneur #intellectualproperty #utilitypatent #patentabilitysearch #patentapplication #patentattorney #InspiredIdeaSolutions #WayneCarroll #podcast #protectyourinvention #LeveragingInspiration #inspiredpatent


S13 E15 TM vs Circle R ® And Important Trademark Use Tips
Did you know that since the start of COVID Trademark filings have more than doubled? The wait time for a Federal Trademark Application has also more than doubled. 
Timing can be critical when launching a brand. Understanding the process and how to ensure you have exclusive rights to a trademark will help you make good business decisions. 
What you need to know

• Use ™ when you don’t have a federally registered trademark
• Use ™ while your federal TM application is pending (plan for more than 1 year)
• Use ® when you have your trademark certificate
• There are a lot of scams for Trademarks since there is public information

What you need to do:

• Properly mark your trademark with the appropriate symbol
• Train your employees on the proper use of your trademark
• DON’T use your trademark as a noun! Adjective only (See Apple Case for Live Photo)
• Check with your attorney if you receive anything that looks like it is from the trademark office (it might be a scam).

TAKE ACTION
Don't risk losing your trademark rights contact us to schedule a free consultation about your trademark strategy. 


Our next episode covers trademark renewals, and trademark monitoring - necessary steps to avoid losing your trademark.


BIO: Wayne Carroll is a highly experienced intellectual property lawyer with over 15 years of experience. He holds a Juris Doctor degree with a concentration in Intellectual Property Law from Suffolk University Law School, as well as an undergraduate degree in Electronic Engineering Technology from DeVry University. Wayne is the CEO and Attorney at Inspired Idea Solutions, LLC, a firm he founded in 2013, where he specializes in patent strategy, patent prosecution, trademark strategy and registration, and copyright litigation.

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.

TAGS: IP Strategy, Business Strategy, Patent Protection, Trademark Protection, Copyright Protection, Trade Secret Protection, Patent Claims, Security Review, Communication with Attorney, IP Goals, Wayne Carroll, Inspired Idea Solutions, Patent Strategy, Trademark Strategy, Copyright Strategy, Legal Expertise, Asset Protection, Strategy Session, Protecting Intellectual Property, Leveraging Intellectual Property




S13 E16 Don’t Lose Your Trademark - Renewals And Monitoring
Did you know that failing to renew your trademark can result in losing exclusive rights to your brand name or logo?

Protecting your company's brand is crucial for maintaining a competitive edge in the marketplace. However, many business owners are not aware that trademarks must be regularly renewed and monitored to maintain their protection. In this episode, we will discuss the best practices for trademark renewals and monitoring, so you can ensure that your brand remains protected.

Trademarks must be renewed periodically to maintain their protection. The renewal timeline varies depending on the country and type of trademark. It is important to monitor your trademark for infringement and take prompt action if necessary. Monitoring can be done manually or through the use of trademark monitoring services.
Ask your attorney if they are tracking the renewal requirements for your trademarks and if they will send you a reminder. Keep accurate records of your trademark use and monitor for any potential infringement. Consider using a trademark monitoring service to help you stay on top of potential issues.

Don't wait until it's too late to renew your trademarks or address potential infringement issues. Take action now by scheduling a consultation regarding a monitoring plan to protect your brand. And don't forget to subscribe to our podcast.




Next week:  Design Patents: Value, Best Use Cases, Enforcement, and Defense

1. Difference between design patents and utility patents 
2. The value of a design patent
3. Enforcing a design patent
4. Defending against a design patent cease and desist

BIO: Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.  

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.


TAGS: Secret recipe, trade secret, intellectual property, invention, brand launch, customer list, supplier list, marketing plan, business plan, skilled employees, security, Wayne Carroll, patent strategy, patent prosecution, trademark strategy, trademark registration

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