AI, Trademarks, and the Future: What Brand Owners Should Do Now
By Meg Ramsey & The Fortis Trademark Team With AI rapidly changing the way content is created and shared, brand owners need a legal strategy that keeps pace. Beyond monitoring and enforcement, proactive legal protection is essential. An experienced trademark attorney can assist with putting the critical items listed below into place. 1. Expand Trademark […]
When AI Confuses Consumers: Trademark Infringement and Generative Content
By Meg Ramsey & The Fortis Trademark Team As artificial intelligence tools create more realistic and interactive content, trademark law is entering uncharted territory. A key question is whether AI-generated content can cause consumer confusion, which is the standard test for determining trademark infringement under the Lanham Act. What Is “Likelihood of Confusion”? Under 15 […]
Protect Your Brand: Why Registering Your Business Name Isn’t Enough
By Cara Thornton At Fortis, we often hear from businesses blindsided by the discovery that another entity is operating under the same or a similar name. They contact us seeking counsel because they registered their business or trade name with the Colorado Secretary of State and began operating–sometimes for years–only to learn later that another […]
The Post-COVID Trademark Landscape: USPTO Backlog and Approaching Fee Increases Drive Urgency for Applicants
By Fortis Trademark Team The United States Patent and Trademark Office (USPTO) experienced significant backup and processing delays during the COVID-19 pandemic. While delays have eased, they still haven’t gone away, due in part to the doubling of applications between 2020 and 2022. Overall, the trademark registration process has become notably more challenging in recent […]
Prepare Now for Delays in Trademark Application Review and Processing
Fortis clients should be aware that the United States Patent and Trademark Office (USPTO) received a record-high number of trademark application submissions in 2022. Unfortunately, the USPTO is also experiencing a shortage of staff to process and review submissions. As a result, processing times are delayed, and applications are taking significantly longer than usual, up to […]
