Industries: Protect Your Brand Before Someone Else Does!

Noble Path Trademark Law assists clients in all industries with trademark registration and renewal. However, we have assisted a few particular industries of note. Specifically,  we have assisted clients in these industries:

 

  • Restaurant and food service industries
  • Craft breweries and wineries
  • Fashion design and sales
  • App and software development industries—and more. 

 

Whether you are a larger enterprise or a solo entrepreneur, we will register and renew your trademarks. We will protect your business names, product names, logos, and more.  

 

Located in Livonia, Michigan, just outside of Detroit, we service clients across the United States. How can we do this? Trademark and copyright law are Federal practice areas. Thus, we offer virtual consultations and communications, scheduling appointments that jibe with your time-zone. Wherever you are. 

 

Read more below about how we service your industry and protect your brands. 

Bands & Musicians

Trademark registration is important for bands, musicians, and rappers. Your unique and distinctive names and logos deserve protection like any other brand. Given that a band’s name is its very identity, that name needs protection perhaps more than a standard business name. 

However, trademark registration for bands and musicians carries some special considerations.

What Are Musicians' Goods & Services? 

US trademark registration protects your right to exclusive use of your band name or logo in the United States. That means that no other band can use your name. 

A trademark registration is granted by the US Patent and Trademark Office (USPTO). The USPTO will allow a trademark to register when the name or logo is used in commerce across state lines. Additionally, it cannot have been registered by anyone else. Finally, it must be unique enough to identify your band as the source of your product or service. 

So what is that good or service for a musician or band? 

Bands, musicians, and rappers generate a number of different products or services. These can include recorded music, wearing apparel, website provision, live music performance, and more. 

Therefore, a band or musician may file a number of different trademark registration applications. And that's just for the band's name ... Not to mention its logo. 

Who Owns the Band's Trademark?

A trademark registration must have an owner.

For bands, that owner is either a group of individual applicants (the band members) or a single corporate entity such as an LLC. 

Thus, a band must consider whether all current band-members will be co-owners. They must decide what would happen if one of those band-members quits or is fired. Does the band want that member to continue to own the trademark?

Should the band form a corporation to own the trademark if they have not already?

These are questions that have tax and other legal implications. An experienced Detroit trademark attorney will be able to offer bands guidance regarding trademark ownership questions. 

Solo Musicians & Rappers: When the “Band Name” Is Your Name

Do you use your real name as a performance name? Or is your band named after a member's actual name, like Van Halen or Bon Jovi? 

If so, the name may still be registered as a trademark. However, the USPTO will question whether the individual after whom the act is named has given consent. This is true even when that person is the musical performer or a member of the band. 

Thus, the application for registration in that instance must include a proper Statement of Consent. This will also be required when a logo features a likeness of a person.

Trademark Registration for Musicians and Bands: The Bottom Line

The bottom line is that trademark registration for bands, musicians, and rappers require specific considerations that other businesses do not.

However, registering your band name or logo as a trademark will pay off in the long run. When you tour out-of-state, release product, sign contracts, you will need ownership of your band's name. Further, any argument with some out-of-state band regarding the use of the name will be settled quickly if you have registered it. 

Noble Path trademark attorney John Hilla is, like you, a musician. A practicing lawyer for over 15 years, John played bass in a variety of post-punk bands throughout the Midwest for over 20 years. In other words, we understand the needs of musicians, the music business, and the difficulty in keeping a good band together against long odds.

Contact us to schedule an initial consultation if you have questions. 

Craft Breweries, Distilleries, & Wineries

Craft brewers and vintners need trademark registration. The craft brewing industry is competitive. That is, it is highly prone to knock-off label production.

How can Federal trademark registration protect your craft brew or wine brand?

Read on for valuable information.

Protect Your Wine or Craft Brew Brand with Federal Trademark Protection

Trademark registration is a Federal legal process.  The ® symbol on your label or advertisement tells your customers that they are purchasing your product and not someone else's. 

Advantages of Trademark Registration for Craft Breweries and Wineries

Federal trademark registration provides these advantages: 

  • The right to exclusively use your trademark across all 50 states;
  • A presumption of exclusive ownership in court; 
  • Proof of registration and ownership publicly listed online with the USPTO; 
  • Leave to sue for infringement in Federal District Court;
  • Access to registration in foreign countries;
  • Allowed to use the ® symbol alongside the mark in your labeling and marketing. 

Who Is Entitled to Trademark Registration in the US?

Are you producing a wine or craft beer product under a unique name? Or with a unique logo or bottle label design? Are you selling that product over state lines?

If so, you are entitled to Federal trademark registration.

However, here are some rules:

In the US, trademark protection is granted to the person who used the mark first. It is not guaranteed to the first to file an application for trademark registration with the USPTO. This means that you can be the first craft brewery or winery to file an application with the USPTO but still not have the legal right to its exclusive use.

This is a primary reason why craft brewers and vintners should work with an experienced trademark lawyer.

A Michigan trademark attorney will run a pre-filing clearance search to ensure you have the right to the mark before you invest in branding, marketing, and inventory. 

What Makes a Strong Trademark for Craft Breweries, Distilleries, and Wineries?

Step one in protecting your brand is to create a strong one from the get-go. 

What makes a strong trademark?

  • A strong trademark is one that is unique enough to specifically (and only) identify you as the source of your product. 
  • The strong trademark does not simply describe the beer or wine itself.
  • Nor does it merely describe a geographic area. 
  • Finally, a strong trademark is one that has not already been registered by someone else. 

Thus, “Detroit Wine” is an example of a fairly weak (hypothetical) trademark. It simply describes what is being sold and where it is sold or made. 

When creating your craft beer, brewery, distillery, or wine or winery brand, it pays to exercise your creative muscle!

Why Craft Breweries and Wineries Need to Hire a Licensed Attorney for Trademark Registration

A trademark may be rejected if it is too similar to one already registered for "related goods." If a trademark is likely to confuse consumers, it will be not allowed registration by the USPTO. 

What does this mean for craft brewers and vintners? Or restaurant or coffee shop owners? 

The USPTO considers "beer" and "wine" to be related goods. Additionally, the operation of a tavern is "related" to the sale of beer. Thus, the sale of any alcoholic beverage may be "related" to the sale of a beer or wine product. 

In other words, selling any of these types of products requires a thorough vetting of your brewery, winery, or beer or wine product name across all related classes. This sort of clearance search can only be competently provided by an experienced trademark attorney.

In short, if you are a craft brewer or vintner, you need a professional to assist you. A licensed trademark attorney will know how to clear your mark, draft your application properly, how to argue with the USPTO.

An experienced trademark attorney will fight for your trademark registration. 

A $35 web form filing service is not going to do any of that for you.

Craft Brewery, Distillery, and & Winery Trademark Registration: Contact Us Now!

Noble Path Trademark Law provides trademark registration legal services to craft brewers, distillers, and wineries. We emphasize customer service and a thorough understanding of our clients' products and services.

We offer virtual consultations and friendly communications. 

Clothing, Fashion, & Jewelry

Clothing, fashion, and jewelry enterprises require special handling in the trademark registration process. Protecting a clothing or fashion brand is best accomplished by retaining an experienced trademark lawyer. 

If you are in the clothing, fashion, or jewelry industry, read on for valuable information.

What Is Trademark Registration for the Clothing, Fashion, & Jewelry Industry?

Trademark registration guarantees that your customers will not be confused as to whether they are buying your product or a knock-off. Your customers know that the ® symbol on your label is a guarantee that the clothing they are buying is legitimate. They know it is yours. 

Advantages of Trademark Registration for the Clothing, Fashion, & Jewelry Industry

The following advantages come with a registered trademark: 

  • The right to exclusive use across all 50 states. 
  • A legal presumption of exclusive ownership in court. 
  • Proof of registration listed online with the US Patent and Trademark Office (USPTO). 
  • Standing to sue for infringement in Federal District Court. 
  • Availability of foreign registration options. 
  • The right to use the ® symbol alongside the mark. 
  • Licensing rights. 

Who Is Entitled to Trademark Registration in the US?

You are if you are producing a clothing, fashion, or jewelry product under a unique name or with a unique name or logo design! 

What Makes a Strong Trademark for the Clothing, Fashion, & Jewelry Industry?

The first step in protecting your brand is to create a strong one from the get-go. 

What makes a strong trademark?

  • A strong trademark is one that is unique enough to specifically (and only) identify you as the source of your product. 
  • The trademark does not simply describe the clothing or jewelry itself.
  • It does not merely describe a geographic area. 
  • A strong trademark is one that does not confuse consumers in relation to any other trademark already registered.

Thus, “Detroit T-Shirts” is an example of a fairly weak (hypothetical) trademark. It simply describes what is being sold and where it is being produced.

When creating your clothing, fashion, or jewelry brand, it pays to Think Bigger. Exercise that creative muscle! 

Why Clothing, Jewelry, & Fashion Designers and Retailers Should Hire a Licensed Attorney for Trademark Registration

Clothing, fashion, and jewelry enterprises must apply properly or face rejection. A good trademark lawyer will help ensure that valuable time and money is not wasted filing a registration application doomed to failure.

Noble Path Trademark Law will: 

  • Ensure your mark is clear for your use. 
  • Competently draft and file your application. 
  • Argue any rejection with the USPTO. 
  • Warn you of any impending deadlines. 
  • Keep you posted as to renewal and maintenance requirements. 
  • Monitor the USPTO register for future infringement. 

Clothing, Fashion, & Jewelry Industry Trademark Registration: Contact Us Now!

Noble Path Trademark Law provides experienced trademark registration legal services to clothing, fashion, and jewelry industry professionals. We emphasize customer service and a thorough understanding of the product.

We offer virtual consultations and efficient delivery for an easy and seamless registration process. 

Software & App Developers

Software and app developers need trademark registration urgently. 

Given the wide audiences of online app stores such as iTunes and Google Play, the potential for trademark infringement is immediate. In particular, the instant appearance of app logos on the faces of smart phones upon product launch means that the protection of logo designs is vital. 

Federal trademark registration will protect the name of your company and your app from trademark infringement. Indeed, registration is a requirement for pursuing an infringement action in court. It also provides a basis for the filing of a take-down request with many online app store platforms.

What is trademark registration, actually, however, and what else can it do for you?

What Is Trademark Registration for Software Developers & App Developers?

Trademark registration is a Federal legal process. Registration guarantees that your customers will not be fooled into buying a knock-off app. When software or app store shoppers see the ® symbol with your name or logo, they know that it is your product and not something manufactured or sold by a generic, knock-off, or fraudulent developer.

Advantages of Trademark Registration for the Software & App Development Industry

Federal trademark registration provides a variety of legal advantages to app developers: 

  • The right to exclusively use your trademark across all 50 states;
  • The legal presumption of exclusive ownership;
  • Proof of registration and ownership publicly listed online with the USPTO; 
  • The right to sue for infringement in Federal District Court;
  • Access to registration in foreign countries;
  • The right to use the ® symbol alongside the mark in your labeling, advertisements, online presence, and social media.

Who Is Entitled to Trademark Registration in the US?

Are you producing a software product or app under a unique name or with a unique name or logo design? Are you selling that product over state lines? (Hint: If you’re selling it online or through a mobile retail platform, you are!)

If so, you are entitled to Federal trademark registration.

What Makes a Strong Trademark for the Software & App Development Industry?

Protecting your software or app brand requires creation of a strong trademark from the start. A strong brand, simply, is one that is both registrable and enforceable as a Federal trademark.

A strong trademark is: 

  • One that is unique enough to specifically (and only) identify you as the source of the software product or app. 
  • One that does not merely describe the software product or app itself.
  • One that does not merely describe a geographic area. 
  • One that has not already been registered. 

For example, “Detroit Mobile Apps” is an example of a fairly weak trademark. It simply describes what is being sold and where it is being produced.

When creating your software product or app brand, it pays to Think Bigger. Exercise that creative muscle!

Why Software Product & App Developers Should Hire a Licensed Attorney for Trademark Registration

Software and app developers need an experienced, licensed attorney to clear their trademark, draft and file their trademark registration applications. You need a licensed lawyer to represent you before the USPTO. They need a lawyer who can provide actual legal advice.

In other words, you need a professional who can and will fight for your trademark registration for you. 

Discount web form filing services are not going to do any of that for you. They can’t. They’re not lawyers.

Software Product & App Development Industry Trademark Registration: Contact Us Now!

Noble Path Trademark Law provides experienced trademark registration legal services to software product and app development entrepreneurs with an emphasis on customer service and a thorough understanding of the product.

We offer virtual consultations and efficient delivery.

Food Service Industry

Restaurant industry and food product professionals need the protection of trademark registration. 

The proliferation of food product sales in online marketplaces means that a food product which once would have been sold only locally can now be sold nationwide. This means that even neighborhood coffee shops and restaurants are eligible for Federal trademark registration. As to larger food industry enterprises, this is even more true.

Further, if you want to franchise your restaurant or coffee shop, you must have ownership of your name and brand in order to license it to others. 

Federal trademark registration will enable you to police and to protect your brand names, logos, and slogans from trademark infringement. It will ensure that the unique flair you bring to your food industry brand remains yours alone.

What is trademark registration, actually, however, and what else can it do for you?

What Is Trademark Registration for Food Producers, Coffee Shops, & the Food Service Industry?

Trademark registration is a Federal legal process. It guarantees your customers that you are the source of your product or service. It ensures that your customers avoid knock-offs.

How? When your customers see the ® symbol on your label or advertisement, they know that it is your product and not something inferior made and sold by a generic, knock-off, or fraudulent producer.

Trademark Registration Advantages for the Food Product and Food Service Industry

Federal trademark registration provides a variety of legal advantages to food service industry enterprises: 

  • The right to exclusively use your trademark across all 50 states;
  • The legal presumption of exclusive ownership;
  • Proof of registration and ownership publicly listed online with the US Patent and Trademark Office (USPTO);
  • The right to sue for infringement in Federal District Court;
  • Access to registration in foreign countries;
  • The right to use the ® symbol alongside the mark in your labeling, advertisements, online presence, and social media.
  • Enables the ability to franchise your brand. 

Who Is Entitled to Trademark Registration in the US?

Are you producing a food product or operating a food service industry enterprise under a unique name or with a unique name or logo design? Are you selling that product over state lines?

If so, you are entitled to Federal trademark registration.

What Makes a Strong Trademark for Food Producers, Coffee Shops, & the Food Service Industry?

Step One in protecting your brand is to create a strong one from the get-go. A strong brand, simply, is one that is both registrable and enforceable as a Federal trademark.

A strong trademark is: 

  • A strong trademark is one that is unique enough to specifically (and only) identify you as the source of your food or restaurant product. 
  • A strong trademark does not merely describe the product itself. 
  • It does not merely describe the geographic area from which the food product or service originates.
  • A strong trademark is one that has not already been registered. 

Thus, “Detroit Hot Quiche” is an example of a fairly weak (hypothetical) trademark. It simply describes what is being sold and where it is being produced.

When creating your food product or brand, it pays to be distinctive. 

Food Industry Enterprises Need a Licensed Attorney for Trademark Registration

The possibility for consumer confusion and infringement in the food and restaurant industries is great. Thus, it is vital that your enterprise invest in its success by retaining an experienced trademark attorney to assist in the protection of your brands. 

A good trademark lawyer will help ensure that valuable time and money is not wasted filing a registration application that is doomed to rejection. 

A licensed attorney can ensure that your name or logo is clear for your use. A lawyer will offer the legal advice that cheap filing websites cannot. A Michigan trademark attorney will respond to and argue USPTO rejections. An attorney will draft your application properly—and strategically.

Contact Us Now to Protect Your Food & Restaurant Industry Brands

Noble Path Trademark Law provides experienced trademark registration legal services to food service, coffee shop, and food service industry entrepreneurs with an emphasis on customer service and a thorough understanding of the product.

We offer virtual consultations and efficient delivery.

Click the button below to start a conversation by scheduling an initial trademark consultation.

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