Top 10 Alt Legal Trademark and IP Blog Posts of 2024
Alt Legal Team | December 06, 2024
Check out the top Alt Legal blog posts that our community of trademark professionals enjoyed in 2024! Take some time over the holidays to catch up on some reading you might have missed that will certainly inform your trademark practice in 2025. Also, be sure to bookmark the Alt Legal Resource Library, which contains our full collection of resources, including blog articles, organized by topic.
About the Alt Legal Blog
Alt Legal’s blog is a go-to resource for all things trademarks and intellectual property. Thousands of IP professionals visit our blog monthly for news, updates and guidance as they navigate the world of trademarks and IP.
Articles are generally written by our team, but we also accept guest blogger submissions from experts in the field. If you are interested in contributing to Alt Legal’s blog as a guest blogger, please fill out the submission form.
1. USPTO Trademark Search Resources
Last November, the USPTO retired the long-standing TESS trademark search system and introduced the new Trademark Search. We’ve published a number of resources to help practitioners learn strategies to conduct effective searches on Trademark Search:
- How to Search Using the USPTO’s New Trademark Search Tool – an excellent primer written by a former USPTO trademark examiner.
- Answers for Searching: Using USPTO Trademark Search – our video series featuring industry experts who answer some of the most frequently-asked questions about Trademark Search in short-form videos.
- USPTO Trademark Search: Sound Matching – this article discusses phonetic equivalents (aka sound matching) and provides a chart to help users perform thorough searches.
- About the USPTO’s New Trademark Search System – this article contains information about the new USPTO Trademark Search, plus video transcriptions of all Answers for Searching videos.
2. Trademark Administrator Resources
At Alt Legal we know that trademark administrators (TMAs), including trademark paralegals, docketers, and more, are key members of any intellectual property legal team and we aim to support them with helpful resources. Here are some of the most popular resources we published this year, specifically for TMA’s:
- Benchmarking Trademark Administrators’ Salaries – Alt Legal sponsored this landmark salary survey, providing the most comprehensive analysis of TMA compensation and benefits available today to help TMAs better negotiate their salaries and evaluate their career path.
- Conference Attendance Tips for Trademark Paralegals and Administrators – Attending conferences is important for TMAs to develop their skills and to network. Learn tips for convincing your organization to support your attendance at conferences as well as how to make the most of your conference experience.
Also, be sure to bookmark our Trademark Paralegal Resource Page and join the Trademark Administrators’ Exchange, an email-based discussion group to share knowledge and resources.
3. How to Effectively Respond to §2(d) Refusals
One of the most common reasons that the USPTO will refuse a trademark application is due to §2(d) likelihood of confusion. These refusals are some of the most challenging citations to overcome. However, with carefully crafted arguments based on evidence and legal precedent, you can effectively argue that your client’s mark is distinct and ensure that it proceeds to registration. This article provides tips for drafting a successful office action response to a §2(d) refusal. Also, check out the webinar recording for one of our most popular webinars of the year to learn about assessing likelihood of confusion: What’s DuPont of These Factors?: Assessing and applying the DuPont factors.
4. AI on the Prize: Ethical considerations for emerging technologies
In March, we hosted Alt Legal & Corsearch Live in New York City, our first in-person event. Over 150 attendees joined for CLE sessions and networking. One of the sessions featured former USPTO OED attorney Emil Ali where he explained the ethical issues to consider when using AI technology. He provided real-world examples of ethical concerns stemming from the use of emerging technologies, discussed existing and proposed legal frameworks that govern the use of AI in trademark law, and shared best practices for evaluating and utilizing emerging technologies in your legal practice. Learn more about our next in-person event in March 2025 in New York City!
5. What the 2(f)?: Demonstrating Acquired Distinctiveness
Pursuant to §2(f), trademark applicants may register descriptive marks to the Principal Register if they are able to demonstrate that the mark has acquired distinctiveness. Learn how to make a successful argument for acquired distinctiveness and overcome a refusal.
6. Protecting Our Culture, One Trademark at a Time
For so many Hispanic/Latinx entrepreneurs, their brands are more than just businesses—they are extensions of their heritage, values, and the communities they represent. This guest blog article from IP attorney Taylor Tieman shares four inspiring stories from Latinx entrepreneurs and how they are using trademark registrations to protect their cultural identities.
7. Starting Your Own IP Practice
There’s no better time than the new year to start your own solo law firm! Perhaps you’ve resolved to achieve better work-life balance in the new year or to become your own boss – establishing your own IP practice is key to both. This guide will help you understand the process for setting up a solo IP law firm. It includes practical tips for getting organized and essential technology tools that will help you succeed. Also, be sure to check out our webinar, Firming Up Your Plans: How to start your law practice, for a discussion on exiting your current position and setting yourself up for success in your own practice.
8. How to Overcome a 2(e)(1) Descriptiveness Refusal
There are several ways to handle a merely descriptive refusal before the USPTO. This article discusses how to construct an effective argument that the mark is suggestive rather than descriptive, that the mark is incongruous and thus distinct, or that the mark is a double entendre.
9. Monetize Your Alt Legal IP Docketing Software by Implementing a Client Technology Fee
Law firms looking for a simple way to increase revenue while strengthening client relationships and improving collaboration are implementing client technology fees which afford clients with access to their IP dockets. This article explains how you can easily set up a low-cost client technology fee and achieve a significant amount of revenue that could even cover the cost of your IP docketing software.
10. The Difference Between Trademarks and Design Patents: What you need to know
As brands look to distinguish themselves, many are developing unique product design and packaging. Help your clients secure the right type of IP protection for these designs by understanding the difference between trademarks and design patents. Also, check out this webinar which provides an overview of design patents and other forms of patent protection and this related article, 10 Things Every Trademark Attorney Should Know About Patents.