• Posts by Michael J Berkowitz
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    With over 25 years of experience concentrating in the practice of intellectual property, Michael employs a meticulous, balanced approach in helping clients achieve their strategic intellectual property objectives. His ...

Trademarks function to identify the source or origin of products or services and distinguish them from the products or services of others. On the other hand, generic terms are used by consumers to refer to a type of product or service that cannot function or be registered as a trademark. For example, one cannot register COMPUTER as a trademark for laptops and personal computers. Likewise, one cannot register “APPLE” to identify a fruit (as opposed to “APPLE” to identify computer technology).

However, what if a generic term is combined with “.com” or another top-level ... Read More ›

Businesses rely upon color for a variety of purposes. For example, colors may provide ornamentation, or may serve to allow a product to blend in with its surroundings (camouflage for hunting gear) or indicate a product’s flavor (yellow for lemon). Importantly, colors can serve as trademarks, but only if they function as a source identifier.

While colors are not included within the statutory definition of trademarks, since 1985, singular colors and color combinations can be trademarked as part of a product, package or service, if, like any other trademark, they serve a source ... Read More ›

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