Law Office of Kelly Weiner PLLC

NYC-based Trademark and Intellectual Law Office

Month: February 2019

Month: February 2019

Endorsements – Your Responsibilities as a Business Owner

By Kelly Weiner
The Federal Trade Commission (FTC) has long enforced the principle that “material connections” (sometimes payments or free products) between advertisers and endorsers – connections that consumers would not expect – must be disclosed. For example, bloggers who make an endorsement must disclose the material connections they share with the seller of the product or service. And a paid endorsement, like any other advertisement, is considered deceptive if it makes false or misleading claims. A recent example of the FTC’s enforcement...

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Defining the Scope of your Goods/Services – Class Headings

By Kelly Weiner
Unlike many other trademark offices, the US trademark office does not permit the use of class headings to identify the goods or services in a registration. A common filing strategy for applicants (particularly foreign applicants and other applicants that rely on foreign registrations as the basis for registration in the US) is to include the class headings in an initial application, with the intention of later narrowing the scope of the goods or services at a later time. In a...

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