Securing Your Brand

The Patent Timing Rules for Product Founders to Avoid Losing Global Protection with Jeff Holman

Tue, 21 Oct 2025 05:00:00 -0400

In this episode of Securing Your Brand with SecureMark Legal, hosts Holly McFall and Melissa Jeda explore the patent side of intellectual property protection with guest Jeff Holman, a seasoned patent attorney and engineer. While the show typically centers on trademarks, this episode highlights how patents both utility and design, play a critical role in protecting inventions, product designs, and innovations, especially for entrepreneurs selling physical products.

Jeff walks listeners through the layers of patent protection, how to avoid costly mistakes (like public disclosures), and what small businesses need to know about protecting their ideas domestically and internationally. With real-world examples and strategic insights, this episode is a must-listen for inventors and entrepreneurs alike.

Expect to Learn:

The differences between utility, design, and plant patents and which ones most entrepreneurs need.
Why a provisional patent application is often the best starting point for new inventors.
How public disclosure can destroy your chances of getting a patent in many countries.
Smart strategies for international patent filing based on where you sell and manufacture.
How design elements like packaging, shapes, and product styling can be patent-protected.

Episode Breakdown with Timestamps:

[00:00] – Teaser
[00:55] – Introduction to Secure Your Brand
[01:19] – Guest Introduction: Jeff Holman
[02:19] – Understanding Utility, Design, and Plant Patents
[04:04] – The Timeline and Duration of Patents vs. Trademarks
[06:25] – Provisional vs. Non-Provisional Patents
[09:49] – The Importance of Market Strategy and Amazon Considerations
[13:55] – Strategic Patent Filing Considerations
[16:56] – Public Disclosure and Patent Pending Status
[22:25] – The Timing of Filing Patents and Protecting Ideas
[28:25] – Common Misconceptions About Patents
[33:59] – The Role of Design Patents in Business Protection
[41:53] – The Utility of Packaging and Trade Dress Protection
[45:48] – Final Thoughts on Patents, Trademarks, and Business Protection
[47:21] – Closing Remarks and Call to Action
[48:19] – Legal Disclaimer and Copyright Notice

Connect with Jeff Holman

Website: https://intellectualstrategies.com
LinkedIn: https://www.linkedin.com/in/holman/

Connect with Holly McFall

LinkedIn: https://www.linkedin.com/in/hollymcfall/
Instagram: https://www.instagram.com/gatorlaw19/
Facebook: https://www.facebook.com/holly.mcfall

Connect with Melissa Jeda

LinkedIn: https://www.linkedin.com/in/melissa-jeda-29108813b/
Instagram: https://www.instagram.com/mhjeda/
Facebook: https://www.facebook.com/alizajeda

Connect with SecureMark Legal

Website: https://securemarklegal.com/
LinkedIn: https://www.linkedin.com/company/securemark-legal/
Instagram: https://www.instagram.com/securemark_legal
Facebook: https://www.facebook.com/securemarklegal/

Subscribe to Securing Your Brand for expert guidance on building and protecting your business brand.

Let us know your thoughts or questions in the comments!

#TrademarkTips #BrandProtection #SecureYourBrand #TrademarkProcess #BusinessLaw #LegalAdvice #nonenglishwords #lettersandsymbols

How Entrepreneurs Can Launch a Franchise Without Experience and Scale to Millions with Max Emma

Tue, 07 Oct 2025 05:00:00 -0400

In this episode of Securing Your Brand, with SecureMark Legal, hosts Holly McFall and Melissa Jeda take a closer look into the world of franchising, entrepreneurship, and brand protection with Max Emma, a seasoned franchise executive and serial entrepreneur. With over two decades of experience, Max shares his remarkable story from immigrating to the U.S. with limited English to becoming the CEO of three companies and a leading figure in franchise consulting.

Whether you're a startup founder, a service-based entrepreneur, or a business owner considering franchising your company, this episode is packed with practical advice, powerful insights, and hard-earned lessons on building and scaling a sustainable brand through franchising.

Expect to Learn:

Why franchising isn’t for everyone and how to know if it’s right for you
What makes a business franchisable and the biggest misconceptions about franchise ownership
How Max overcame bankruptcy and rebuilt a profitable, scalable business
Why a strong brand manual and trademark are critical to franchise success
How to delegate, scale, and lead effectively without micromanaging

Episode Breakdown with Timestamps:

[00:00] - Introduction to Franchise Choices and Accounting Fit
[01:03] - Guest Introduction: Max Emma’s Story
[02:36] - Early Struggles, Bankruptcy, and Resilience
[03:59] - Why Franchising Provides a Proven Business Model
[06:05] - Who Should (and Shouldn’t) Own a Franchise
[07:00] - Misconceptions About Franchise Ownership
[09:52] - Protecting Brand Identity and Trademarks
[14:48] - Advice for First-Time Franchise Buyers
[18:47] - What Makes a Business Franchisable
[22:17] - Challenges of Franchising and Brand Manuals
[28:34] - Leadership Growth: From Micromanaging to Delegating
[32:45] - Advice to Entrepreneurs and Younger Self
[36:07] - Closing Thoughts, Connections, and Legal Disclaimer

Connect with Max Emma:

Website: https://franchisewithmax.com
LinkedIn: https://www.linkedin.com/in/maxemma/
Company’s LinkedIn: https://www.linkedin.com/company/booxkeepingfranchise/
Company’s 2nd LinkedIn: https://www.linkedin.com/company/bookkeepingzoom/
Company’s 3rd LinkedIn: https://www.linkedin.com/company/booxkeeping/

Connect with Holly McFall:

LinkedIn: https://www.linkedin.com/in/hollymcfall/
Instagram: https://www.instagram.com/gatorlaw19/
Facebook: https://www.facebook.com/holly.mcfall

Connect with Melissa Jeda:

LinkedIn: https://www.linkedin.com/in/melissa-jeda-29108813b/
Instagram: https://www.instagram.com/mhjeda/
Facebook: https://www.facebook.com/alizajeda

Connect with SecureMark Legal

Website: https://securemarklegal.com/
LinkedIn: https://www.linkedin.com/company/securemark-legal/
Instagram: https://www.instagram.com/securemark_legal
Facebook: https://www.facebook.com/securemarklegal/

Subscribe to Securing Your Brand for expert guidance on building and protecting your business brand.

Let us know your thoughts or questions in the comments!

#TrademarkTips #BrandProtection #SecureYourBrand #TrademarkProcess #BusinessLaw #LegalAdvice

The Trademark Secrets for Founders to Avoid USPTO Refusals with Letters, Numbers, and Symbols

Tue, 23 Sep 2025 05:00:00 -0400

In this episode of Securing Your Brand with SecureMark Legal, hosts Holly McFall and Melissa Jeda dive into the intricacies of designing creative brand names using letters, numbers, and symbols. They explore how the USPTO (United States Patent and Trademark Office) assesses these creative marks and what makes a brand confusingly similar to existing trademarks. The hosts highlight the importance of considering not just the visual appearance of a brand but also how it sounds, and how certain creative tweaks can still lead to potential trademark conflicts.

While there are no external guests in this episode, the hosts Holly McFall and Melissa Jeda, bring their expertise to discuss the complexities of trademark law, specifically focusing on how creative branding strategies can sometimes result in confusingly similar trademarks. Holly McFall is an expert in brand protection and legal strategies, while Melissa Jedda is a seasoned trademark attorney.

Expect to Learn:

How creative uses of letters, numbers, and symbols impact trademark registration.
The importance of considering not only the visual elements of your brand but also its phonetics (how it sounds) and its possible meanings.
What constitutes "confusingly similar" trademarks and how the USPTO evaluates brand names.
The role of foreign translations and phonetic variations in trademark searches.
Why a comprehensive trademark search is essential before finalizing your brand name.

Episode Breakdown with Timestamps:

[00:00] - Introduction to Brand Name Considerations
[01:03] - Host Introductions and Episode Overview
[01:31] - Creative Use of Letters, Numbers, and Symbols in Branding
[02:47] - Sound Similarity and Confusion in Brand Names
[03:20] - Example of Translating Brand Names into Foreign Languages
[04:47] - Practical Example: Using the Number “8” in Brand Names
[06:07] - Creative Adjustments: Using French Translations in Brand Names
[07:36] - Why Different Versions of a Brand Name Matter
[08:12] - Understanding Goods and Services in Trademark Considerations
[10:00] - Key Takeaways: Phonetic, Visual, and Translation Considerations in Trademark Searches

Connect with Holly McFall

LinkedIn: https://www.linkedin.com/in/hollymcfall/
Instagram: https://www.instagram.com/gatorlaw19/
Facebook: https://www.facebook.com/holly.mcfall

Connect with Melissa Jeda

LinkedIn: https://www.linkedin.com/in/melissa-jeda-29108813b/
Instagram: https://www.instagram.com/mhjeda/
Facebook: https://www.facebook.com/alizajeda

Connect with SecureMark Legal

Website: https://securemarklegal.com/
LinkedIn: https://www.linkedin.com/company/securemark-legal/
Instagram: https://www.instagram.com/securemark_legal
Facebook: https://www.facebook.com/securemarklegal/

Subscribe to Securing Your Brand for expert guidance on building and protecting your business brand.

Let us know your thoughts or questions in the comments!

#TrademarkTips #BrandProtection #SecureYourBrand #TrademarkProcess #BusinessLaw #LegalAdvice #nonenglishwords #lettersandsymbols

Why Foreign Brand Names Can Get Your Trademark Rejected

Tue, 09 Sep 2025 05:00:00 -0400

In today’s episode of Securing Your Brand, co-hosts Melissa Jeda and Holly McFall delve into the risks and legal nuances of using non-English or made-up words in your brand name. While a foreign word might feel creative or meaningful, it could also carry unintended translations, cultural misinterpretations, or worse, get your trademark denied or fined by the USPTO. This episode breaks down why translations matter, what trademark examiners are really looking for, and how to avoid common pitfalls when building a global-facing brand.

Melissa Jeda and Holly McFall are trademark attorneys and co-founders of SecureMark Legal, a firm dedicated to helping entrepreneurs and creators protect and grow their brand identity. Through their podcast, they unpack key legal concepts in accessible, real-world terms, making brand protection both approachable and actionable.

Expect to Learn

Why made-up or foreign words aren’t always “safe” from trademark conflict
What the USPTO requires when it comes to translations and meaning
How cultural vs. literal meaning can impact your application
The risk of unintended or offensive translations
Steps to take before applying to avoid fraud allegations or cancellation

Episode Breakdown with Timestamps

[00:00] - Introduction to Brand Name Risks
[01:30] - The Challenge of Non-English Words
[02:00] - Comprehensive Search Process
[03:10] - The Chevy Nova Example
[05:00] - Literal vs. Cultural Meaning
[06:00] - Potential Consequences of Misunderstanding Translations
[07:00] - Examples of Misleading Brand Names
[09:00] - Foreign Words and Generic Terms
[11:00] - Ensuring Cultural Sensitivity in Brand Names
[12:00] - Final Thoughts on Brand Naming

Connect with Holly McFall

LinkedIn: https://www.linkedin.com/in/hollymcfall/
Instagram: https://www.instagram.com/gatorlaw19/
Facebook: https://www.facebook.com/holly.mcfall

Connect with Melissa Jeda

LinkedIn: https://www.linkedin.com/in/melissa-jeda-29108813b/
Instagram: https://www.instagram.com/mhjeda/
Facebook: https://www.facebook.com/alizajeda

Connect with SecureMark Legal

Website: https://securemarklegal.com/
LinkedIn: https://www.linkedin.com/company/securemark-legal/
Instagram: https://www.instagram.com/securemark_legal
Facebook: https://www.facebook.com/securemarklegal/

Subscribe to Securing Your Brand for expert guidance on building and protecting your business brand.

Let us know your thoughts or questions in the comments!

#TrademarkTips #BrandProtection #SecureYourBrand #TrademarkProcess #BusinessLaw #LegalAdvice #nonenglishwords

The Design Mark Strategy for Entrepreneurs to Protect Logos, Fonts and Avoid Canva Filing Mistakes

Tue, 26 Aug 2025 05:00:00 -0400

In this episode of Securing Your Brand, co-hosts Melissa Jeda and Holly McFall explore a crucial yet often misunderstood aspect of brand protection: design marks. Unlike standard word marks, design marks cover stylized logos, colors, shapes, and other brand identifiers. This episode walks entrepreneurs and creatives through what counts as a design mark, when and how to register one with the USPTO, and common pitfalls to avoid when working with third-party designers or apps.

Melissa Jeda and Holly McFall are the founders of SecureMark Legal, a law firm that specializes in brand protection for modern entrepreneurs. Together, they demystify trademark strategy, enforcement, and growth in accessible, practical ways on their podcast, Securing Your Brand.

Expect to Learn

The difference between word marks and design marks (logos, colors, trade dress).
Strategic tips on when and how to file a design mark with the USPTO.
Why filing in black and white can offer more flexibility than color.
Risks of using Canva, Adobe, or freelancers to create logos without ownership agreements.
Why evolving logos require updated registrations to maintain protection.

Episode Breakdown with Timestamps

[00:00] -Trailer
[01:36] - Design Marks vs. Word Marks: Key Differences
[03:59] - Example: “Duck in a Bowtie” Branding Scenario
[08:55] - Timing Strategy: Word Mark First, Logo Later
[10:30] - Black & White vs. Color Trademark Filings
[13:36] - Stylized Fonts as Design Marks
[14:18] - Why Black and White Offers Maximum Flexibility
[16:31] - Using Canva, Adobe, and Freelancers, Who Really Owns Your Logo?
[18:20] - Closing Thoughts + Next Episode Tease on AI and Copyright

Connect with Holly McFall

LinkedIn: https://www.linkedin.com/in/hollymcfall/
Instagram: https://www.instagram.com/gatorlaw19/
Facebook: https://www.facebook.com/holly.mcfall

Connect with Melissa Jeda

LinkedIn: https://www.linkedin.com/in/melissa-jeda-29108813b/
Instagram: https://www.instagram.com/mhjeda/
Facebook: https://www.facebook.com/alizajeda

Connect with SecureMark Legal

Website: https://securemarklegal.com/
LinkedIn: https://www.linkedin.com/company/securemark-legal/
Instagram: https://www.instagram.com/securemark_legal
Facebook: https://www.facebook.com/securemarklegal/

Subscribe to Securing Your Brand for expert guidance on building and protecting your business brand.

Let us know your thoughts or questions in the comments!

#TrademarkTips #BrandProtection #SecureYourBrand #TrademarkProcess #BusinessLaw #LegalAdvice #TrademarkvsCopyright

Trademark vs Copyright for Entrepreneurs to Avoid IP Confusion and Protect Brands

Tue, 22 Jul 2025 05:00:00 -0400

In this episode of Securing Your Brand, trademark attorney Melissa Jeda and copyright expert Holly McFall dive into the critical differences between trademarks and copyrights, and how entrepreneurs can secure their brands effectively. Whether you’re just starting your business or looking to expand, understanding these two concepts is vital for protecting your intellectual property. The episode is packed with real-life examples and actionable insights to help you navigate the complexities of brand protection.

Melissa and Holly explain the essential steps for securing your brand, from filing the right applications to avoiding common mistakes that could jeopardize your brand’s future. If you’re confused about trademarks, copyrights, or both, this episode is your go-to guide for protecting your creative work and business.

Expect to Learn

The fundamental differences between trademarks and copyrights
Why securing your trademark early can prevent costly rebranding
The importance of knowing when to copyright your work and how it impacts your business
How trademarks protect your brand and ensure your identity remains yours
Practical steps to ensure your intellectual property is properly secured
Common mistakes to avoid when filing for trademarks or copyrights

Episode Breakdown with Timestamps

[00:00] - Trailer
[01:35] - Introduction to Trademarks vs Copyrights
[02:08] - What is a Trademark and Why It Matters
[03:07] - What is Copyright and How It Protects Your Work
[09:15] - How Trademarks Prevent Brand Infringement
[11:00] - Timing for Filing Copyright Registration
[14:42] - Final Thoughts on Trademark and Copyright Protection
[15:32] - How to Connect with Melissa & Holly

Connect with Holly McFall

LinkedIn: https://www.linkedin.com/in/hollymcfall/
Instagram: https://www.instagram.com/gatorlaw19/
Facebook: https://www.facebook.com/holly.mcfall

Connect with Melissa Jeda

LinkedIn: https://www.linkedin.com/in/melissa-jeda-29108813b/
Instagram: https://www.instagram.com/mhjeda/
Facebook: https://www.facebook.com/alizajeda

Connect with SecureMark Legal

Website: https://securemarklegal.com/
LinkedIn: https://www.linkedin.com/company/securemark-legal/
Instagram: https://www.instagram.com/securemark_legal
Facebook: https://www.facebook.com/securemarklegal/

Subscribe to Securing Your Brand for expert guidance on building and protecting your business brand.

Let us know your thoughts or questions in the comments!

#TrademarkTips #BrandProtection #SecureYourBrand #TrademarkProcess #BusinessLaw #LegalAdvice #TrademarkvsCopyright

Brand Protection for Startups to Stop Trademark Lawsuits Before They Destroy Your Business

Tue, 08 Jul 2025 05:00:00 -0400

In this episode of Securing Your Brand, trademark attorneys Melissa Jeda and Holly McFall, partners of SecureMark Legal, discuss the world of trademark infringement, offering insights on how to avoid costly mistakes that can jeopardize your brand. They break down what a trademark infringement letter is, how to respond to it, and the steps business owners should take to protect their intellectual property.

Melissa Jeda and Holly McFall are the co-founders of SecureMark Legal, with over 30 years of combined experience helping businesses protect their brands. With their legal expertise, they provide actionable advice on trademark issues, ensuring entrepreneurs and companies are prepared to handle trademark disputes effectively.

What You’ll Learn:

What a trademark infringement letter is and why it should never be ignored
How to respond to a trademark infringement letter without panicking
Step-by-step actions to take if you receive a trademark infringement notice
The real-world consequences of failing to protect your brand, including the story of a food truck owner
The importance of conducting thorough research when responding to trademark claims

In This Episode:

[00:00] - Teaser

[00:54] - Introduction of Melissa Jeda and Holly McFall, Co-founders of SecureMark Legal

[04:31] - Steps to take upon receiving a trademark infringement letter

[05:48] - Importance of researching trademark infringement letters

[07:33] - Checking the date of first use for trademark claims

[09:20] - Comparing services to determine if confusion could occur

[11:18] - Verifying what the infringement letter is asking

[13:46] - Costs and time involved in rebranding due to infringement

[18:44] - Food truck owner learning about trademark infringement through a Google review

Connect with Holly McFall:

LinkedIn: https://www.linkedin.com/in/hollymcfall/

Instagram: https://www.instagram.com/gatorlaw19/

Facebook: https://www.facebook.com/holly.mcfall

Connect with Melissa Jeda:

LinkedIn: https://www.linkedin.com/in/melissa-jeda-29108813b/

Instagram: https://www.instagram.com/mhjeda/

Facebook: https://www.facebook.com/alizajeda

Connect with SecureMark Legal

Website: https://securemarklegal.com/

LinkedIn: https://www.linkedin.com/company/securemark-legal/

Instagram: https://www.instagram.com/securemark_legal

Facebook: https://www.facebook.com/securemarklegal/

Subscribe to Securing Your Brand for expert guidance on building and protecting your business brand.

Let us know your thoughts or questions in the comments!

#TrademarkProtection #IntellectualProperty #BusinessBranding #LegalAdvice #TrademarkInfringement #SmallBusinessTips #Rebranding #SecureYourBrand #IPLaw

Trademark Mistakes Small Business Owners Make That Lead to Lawsuits and Shutdowns

Tue, 24 Jun 2025 05:00:00 -0400

In this episode of Securing Your Brand, trademark attorneys Melissa Jeda and Holly McFall, partners of SecureMark Legal, break down the top five mistakes entrepreneurs make when trying to trademark their business names and logos and how to avoid them. Whether you’re running a weekend food truck, a boutique jewelry brand, or launching a product line, this episode is packed with real-life cautionary tales and actionable advice that could save your business from costly rebranding, lawsuits, and missed opportunities.

Melissa and Holly explain why waiting too long, filing in the wrong class, and listing the wrong owner on your application can put your entire brand at risk. They also share how to correctly handle descriptions and conduct comprehensive searches to avoid confusingly similar trademarks. If you’ve ever thought your business was too small to matter or assumed a state registration was enough, this episode is your wake-up call.

Expect to Learn:

Why “waiting until you grow” could kill your brand
The risks of confusing state vs. federal trademark registration
How to correctly identify the right class (and why it matters)
The dangers of being too generic or too specific in descriptions
What intent-to-use applications are and why they matter
Why it’s critical to list the right owner from day one
How improper trademark ownership affects funding and business sales

In Today’s Episode:

[00:00] - Episode Recap

[01:13] - Introduction to the top 5 trademark mistakes

[02:11] - Mistake #1: Waiting too long to file your trademark

[06:41] - Mistake #2: Filing in the wrong class of goods/services

[12:32] - Mistake #3: Being too generic or too specific in your description

[15:32] - Mistake #4: A poor search and missing intent-to-use applications

[18:00] - Mistake #5: Listing the wrong owner on your application

[22:48] - Final thoughts on risk, value, and protecting your brand from day one

[23:19] - How to connect with Holly & Melissa

Connect with Holly McFall:

LinkedIn: https://www.linkedin.com/in/hollymcfall/

Instagram: https://www.instagram.com/gatorlaw19/

Facebook: https://www.facebook.com/holly.mcfall

Connect with Melissa Jeda:

LinkedIn: https://www.linkedin.com/in/melissa-jeda-29108813b/

Instagram: https://www.instagram.com/mhjeda/

Facebook: https://www.facebook.com/alizajeda

Connect with SecureMark Legal

Website: https://securemarklegal.com/

LinkedIn: https://www.linkedin.com/company/securemark-legal/

Instagram: https://www.instagram.com/securemark_legal

Facebook: https://www.facebook.com/securemarklegal/

Subscribe to Securing Your Brand for expert guidance on building and protecting your business brand.

Let us know your thoughts or questions in the comments!

#TrademarkTips #BrandProtection #SecureYourBrand #TrademarkProcess #BusinessLaw #LegalAdvice

How to Trademark Your Brand and Avoid Class Confusion, Office Rejections, and Infringement Risks

Tue, 10 Jun 2025 05:00:00 -0400

In this episode of Securing Your Brand, hosts Holly McFall and Melissa Jeda, partners of SecureMark Legal, unpack the entire trademark process from search to registration and everything in between. Whether you're an e-commerce entrepreneur, a small business owner, or just someone with a brilliant idea, this episode will help you avoid the most common pitfalls and protect your brand like a pro.The detailed analysis into why Google isn’t enough, how to choose the right class, why descriptions matter, and what to do if your application hits roadblocks.

Holly A. McFall brings her expertise in trademark law and brand protection, guiding entrepreneurs through the legal landscape with clarity and practical advice. Melissa H. Jeda complements with her extensive experience helping businesses navigate trademark searches, applications, and maintaining their brand’s strength over time.Together, they make a perfect team to help you understand the ins and outs of trademarks and safeguard your brand’s future.

Expect to Learn:

Why a Google search is NOT a comprehensive trademark check
How to properly classify your goods and services (and why it matters)
The truth about office actions and what to do when you receive one
What “disclaimers” mean in trademark law
How to handle opposition during the publication phase
What post-registration maintenance looks like and why it’s critical
Real examples of search mistakes and how to avoid them
How to police your trademark and protect your reputation

In Today’s Episode:

[00:00] - Welcome and importance of trademark for entrepreneurs

[01:20] - Introducing your hosts and the core focus of the episode

[06:04] - Phonetic similarity and confusion: S vs. Z and more

[10:18] - Getting your product/service description right

[17:55] - Creative names vs. descriptive names in trademarks

[24:03] - How to police your trademark proactively

[26:36] - Final thoughts and how to connect with Holly & Melissa

Connect with Holly McFall:

LinkedIn: https://www.linkedin.com/in/hollymcfall/

Instagram: https://www.instagram.com/gatorlaw19/

Facebook: https://www.facebook.com/holly.mcfall

Connect with Melissa Jeda:

LinkedIn: https://www.linkedin.com/in/melissa-jeda-29108813b/

Instagram: https://www.instagram.com/mhjeda/

Facebook: https://www.facebook.com/alizajeda

Connect with SecureMark Legal

Website: https://securemarklegal.com/

LinkedIn: https://www.linkedin.com/company/securemark-legal/

Instagram: https://www.instagram.com/securemark_legal

Facebook: https://www.facebook.com/securemarklegal/

Subscribe to Securing Your Brand for expert guidance on building and protecting your business brand.

Let us know your thoughts or questions in the comments!

#TrademarkTips #BrandProtection #SecureYourBrand #TrademarkProcess #BusinessLaw #LegalAdvice

Decoding "Merely Ornamental"; Why this Trademark Issue Matters for Merchandise Brands

Tue, 03 Jun 2025 13:30:00 -0400

MERELY ORNAMENTAL TRADEMARKS: A GUIDE FOR MERCHANDISE BRANDS

Understanding Merely Ornamental

When the USPTO describes a trademark as "merely ornamental," it means the mark isn't functioning as a trademark but rather just as a design on a product. This typically occurs in merchandise businesses where a name is simply placed on t-shirts, merchandise, swim shirts, shorts, or shoes without functioning as a brand. While this can be overcome when you're actually in the merchandise sales business, it becomes more challenging when it's just a slogan or brand not primarily engaged in merchandise sales.

Overcoming Merely Ornamental Status

To overcome a merely ornamental designation, businesses must provide better specimens showing how the product is being sold, ensuring proper tag placement, and demonstrating that it's not just a word or slogan but an actual brand representing the company. For existing brands with acquired distinctiveness, they can file new applications for merchandise sales as an ancillary trademark registration, provided they're actually selling the goods rather than just giving them away as promotional material.

Class 25 and Proper Branding

Class 25 specifically relates to clothing items. Proper branding requires placing the mark in specific locations, typically on tags or discretely on the garment, rather than prominently across the front. For example, Hanes places its brand on the tag to indicate it manufactured the shirt, regardless of what design appears on the front.

Copyright vs. Trademark Protection

It's important to understand that copyright and trademark protection are two distinct areas of IP protection. Trademarks protect items for sale, services, and brand recognition, while copyrights protect tangible creative works. Copyright protection begins the moment a work is created in tangible form, while trademarks require registration for maximum legal protection and recognize a brand's goods or services.

Legal Advice for Merchandise Brands

For businesses serious about turning their merchandise into a real brand, it's crucial to first examine and protect the core business before branching into merchandise. Ensure the base intellectual property is secured in the primary business sphere before expanding into merchandise protection, unless the primary business is merchandise sales.

The Launch of SecureMark Legal's Trademark Monitoring Service

Tue, 20 May 2025 13:30:00 -0400

What is Trademark Monitoring?

SecureMark Legal currently offers trademark monitoring to all trademark clients who file applications, whether locally in the United States through the USPTO or overseas. The service includes six months of complimentary monitoring, with the option to purchase annual monitoring thereafter. The monitoring system tracks USPTO trademark filings, watches for new applications, and alerts clients to office actions that might affect their marks as well as any other new filings SecureMark identifies as potentially infringing on its clients’ trademarks. Clients receive monthly email updates, with immediate notifications for urgent matters.

Expanded Monitoring Services

SecureMark Legal is now expanding its monitoring service beyond its existing client base. The service is available to anyone with a trademark application or registration, as well as those wanting to monitor competitors' marks or track activity within specific classes of goods and services. This expansion came in response to increased demand from businesses seeking protection against infringement and brand confusion.

Benefits of Early Detection

Early detection through monitoring allows businesses to address potential conflicts before they escalate. When new applications are filed, trademark holders can take immediate action through cease and desist letters, often before the new brand has invested significantly in its marketing and development. This early intervention typically results in more amicable resolutions and less resistance to rebranding requests.

Risks of Non-Monitoring

Many businesses don't consider monitoring until they face problems, such as receiving cease and desist letters or lawsuits. Delayed response to infringement can lead to complicated legal situations, especially if similar marks have coexisted for extended periods. This can result in expensive litigation, costly rebranding processes, and potential settlement payments to infringing parties for their rebranding expenses.

SecureMark's Unique Approach

SecureMark Legal offers a flat-rate service that includes regular monitoring, consultation access, and one cease and desist letter annually. Its approach emphasizes open communication with clients and proactive brand protection strategies.

Securing Your Brand - Episode 10: Breaking the Burnout Cycle with Erin Gerner

Thu, 24 Apr 2025 16:30:00 -0400

In this enlightening episode, attorneys Holly McFall and Melissa Jeda

welcome special guest Erin Gerner, a former lawyer turned business

coach. Erin shares her powerful journey from big law to

entrepreneurship, discussing how she founded Powerhouse Lawyers to help

female attorneys break the burnout cycle. The conversation explores

valuable insights on delegation, goal reassessment, and the importance

of community in entrepreneurship.

Key Timestamps:

00:01 - Show introduction

00:16 - Introduction of host and guest speakers

01:13 - Erin's journey from law practice to business coaching

05:43 - Mid-year goal evaluation and reassessment

09:43 - Discussion on delegation and letting go of control

13:58 - Money mindset and investment in business growth

15:24 - The importance of business coaching for entrepreneurs

About The Show:

Securing Your Brand is a podcast hosted by Kevin Rosenquist featuring

attorneys Holly McFall and Melissa Jeda from SecureMark Legal. The show

explores trademarks, copyrights, and intellectual property protection

strategies to help businesses secure their creative assets.

#SecuringYourBrand #BusinessLaw #Entrepreneurship #WomenInLaw

Inside Cybersecurity: Expert Insights With Marc Farron

Fri, 04 Apr 2025 17:09:19 -0400

Episode Summary

In this episode of Securing Your Brand, hosts Holly McFall and Melissa Jeda from Secure Mark Legal welcome cybersecurity expert Mark Faron. Mark shares decades of experience in technology, from programming and network operations to consulting small businesses at Florida Gulf Coast University’s Small Business Development Center. The conversation focuses on practical cybersecurity measures for small businesses, home offices, and remote workers. Topics include understanding basic cybersecurity principles, common vulnerabilities, key controls, and actionable tips for safeguarding digital assets.

Timestamps

[00:01] Introduction to Securing Your Brand and guest Mark Faron.
[02:02] Mark's background in technology, programming, and business consulting.
[03:39] Cybersecurity 101: Hackers, assets, vulnerabilities, and controls.
[05:36] The importance of policies and procedures for small businesses.
[06:39] Three types of cybersecurity controls: policies, technology, and training.
[08:35] Practical tips for small businesses:
- Patching and regular updates.
- Backups and ransomware protection.
- Endpoint protection (antivirus).
- Encryption for sensitive files.
- Two-factor authentication (2FA).
- Virtual Private Networks (VPNs).
- Password managers and the future of passwordless systems.
[17:21] The importance of cybersecurity training and simulated phishing tests.
[18:50] Planning for incidents and having a response strategy in place.

About the Show

Securing Your Brand is a podcast dedicated to helping creatives, entrepreneurs, and business owners protect their intellectual property through trademarks, copyrights, and other legal tools. Hosted by attorneys Holly McFall and Melissa Jeda, each episode provides practical advice, expert insights, and actionable tips to secure your brand and safeguard your business.

What to ask before you hire a trademark lawyer?

Tue, 25 Feb 2025 09:28:06 -0400

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

Tue, 28 Jan 2025 16:04:33 -0400

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

Tue, 24 Dec 2024 04:53:33 -0400

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

Tue, 26 Nov 2024 15:08:25 -0400

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!

Fri, 18 Oct 2024 17:42:45 -0400

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

Thu, 19 Sep 2024 15:24:54 -0400

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

Thu, 15 Aug 2024 07:01:00 -0400

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

Unpacking the Types of Intellectual Property Law

Wed, 14 Aug 2024 16:14:09 -0400

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