Intellectual Property Law Articles
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul & Coon Rapids, MN | Updated May 2026 Navigating trademark registration requires a clear understanding of exactly what you are trying to protect. A brand’s identity is built on two distinct pillars: its textual name and its visual graphics. When applying for federal brand protection […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information ________________________________ (1) When Do You Need a Federal Trademark?(2) Does Registering a Business Name with the State Give You Trademark Protection?(3) Benefits of Federal Trademark Registration(4) When Should You Apply for a Trademark?(5) The Federal Trademark Application Process(6) Trademark Publication and Opposition Period(7) Trademark […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul & Coon Rapids, MN | Updated June 2026 A trademark office is the official government entity responsible for reviewing, registering, and maintaining intellectual property assets. In the United States, this role is filled by the United States Patent and Trademark Office (USPTO). During the […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Protecting your brand goes beyond just picking a name or filing paperwork; it requires proper visual notice. Misusing trademark symbols can severely weaken your brand's legal standing or even expose your business to allegations of federal fraud. […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Product aesthetics drive consumer choice just as much as functional capabilities. If a competitor copies the distinct look and feel of your innovation, they can steal your market share without violating a single functional claim. A design […]
Protecting Your Brand, Business Name, Logo, Podcast, and Online Identity By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Businesses today compete not only locally, but nationally and globally online. A strong trademark helps protect your business identity, customer goodwill, reputation, and long-term growth. Whether you […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Temu has become one of the most discussed platforms in brand protection — both for its explosive growth and for the counterfeiting concerns that have followed it. Temu and Shein have faced increased attention and government scrutiny […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Building a recognizable brand represents one of the largest investments a business can make. However, without formal federal protection, that brand value remains incredibly vulnerable. A federal trademark application with the United States Patent and Trademark Office […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Relying solely on common law trademark protection puts your brand at significant geographic and legal risk. While using a business name, logo, or slogan in commerce automatically grants you local unregistered rights, this protection is strictly confined to […]
E-Commerce Brand Registry Comparison: Protecting Your IP on Amazon, Walmart, and TikTok
By Staff
READ ARTICLEBy Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Building a successful e-commerce brand takes years of hard work, but it only takes a few algorithmic seconds for a counterfeit listing or an unauthorized reseller to damage your reputation. As multi-channel selling becomes the standard for […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Amazon Brand Registry is a free program that gives brands control over how their products appear on Amazon. It protects your intellectual property, blocks counterfeits, and stops listing hijackers from changing your product details.  More than […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul & Coon Rapids, MN | Updated May 2026 Protecting intellectual property requires deploying the right tool for the right asset. Patents protect inventions and functional designs; trademarks protect brand identities and source identifiers; copyrights protect original creative expressions. Failing to use the […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 If you are operating a business in the United States, you technically do not need to register your trademark with the United States Patent and Trademark Office (USPTO) to establish legal rights. The moment you begin selling […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Forming a legal entity handles corporate administrative compliance, while registering a trademark secures your intellectual property assets. Conflating the two can lead to severe legal exposure, including unintentional infringement lawsuits and forced rebrandings. 1. What is the […]
Minnesota Trademark Renewal Requirements To renew a trademark or service mark in Minnesota, file a renewal with the Minnesota Secretary of State during the six months before the registration expires, include the required registration details, and pay the filing fee. A Minnesota trademark registration stays valid for 10 years from the original filing date, and […]
Did you know? When acquiring a Trademark application, you are required to list the classification number that you intend to defend your Trademark or service under. The classification number can be listed on line four of the application form. Each application can only include one classification number. If you have more than one classification number, […]
State Trademark and Service Mark Guide Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information If you want to register a trademark in Minnesota, you must file with the Minnesota Secretary of State and show that your mark is already being used in commerce in Minnesota. A Minnesota trademark or service mark registration […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information ______________ Topic CoveredA. Service Mark vs TrademarkB. Examples of Well-Known Service MarksC. Examples of Well-Known TrademarksD. Are there situations where you can have both a trademark and a service mark?E. The Service Mark SymbolF. Federal Registration: Trademark vs. Service MarkG. Conclusion______________ Note that the […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information Topics Covered A. What Are Patent Lawyers?B. Things that may be trademarkedC. Things that may not be trademarkedD. How to obtain a TrademarkE. Different Trademark Symbols Explained Trademarks are vital for protecting your brand and distinguishing the goods and services that you offer or […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information Topics Covered A. What Are Patent Lawyers?B. Do You Need a Patent Lawyer to Apply for a Patent?C. When to Consult a Patent Lawyer:D. Value Your Idea:E. Act Quickly: F. Keep Records: If you've come up with a new and valuable invention, it's important […]
A trademark is a legal tool that helps protect a company's brand and its unique identifier, such as its name, symbol, or logo. This can be crucial for businesses to differentiate themselves from their competitors and to establish brand recognition and loyalty with their customers. A trademark can also include sounds, colors, and even shapes, […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information ______________ Topic Covered1. Federally registering a trademark provides more geographic trademark protection.2. Federally registering a trademark provides ability to sue in federal court3. Federally registering a trademark provides notice to others that you own the trademark4. Federally registering a trademark provides Trademark Proof of […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information ______________ Topic Covered1. Should a business make use of Trademark and Copyright Symbolsa. Using trademark symbols and copyright symbols provides proper noticeb. Using trademark symbols and copyright symbols creates professionalism 2. How to Make use of the Marksa. Use trademark and copyright symbols in […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information The Minnesota Secretary of State’s Office requires you to list the classification number that you would like to protect your State Trademark or service trademark under. This trademark classification information should be filled out on line 4 of the state trademark application form. Please […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information Trademarks and service marks are visual symbols of your business. Registering your trademark or service mark with the Minnesota Secretary of State Office functions to ensure it is officially recognized by the State of Minnesota. Minnesota applications for state Trademark registrations are only accepted […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information Topic Covered A. Type of trademark rightsB. Common law trademark rightsC. Federal Statutory trademark rightsD. Advantages of obtaining a federal trademark registration E. “Incontestable rights” to Federal Statutory trademark Trademark rights are acquired in the United States through either (1) common law use of […]
WHAT TYPE OF TRADEMARK APPLICANT SHOULD I FILE? A. Design elements of a trademark B. Changes to the design elements of a trademark C. Various types of trademarks 1. Standard Character trademarks 2. Special Form trademarks E. Filing for a Logo Trademark Alone Trademark Application F. Filing for Logo Mark with Embedded Text Trademark Application […]
Performing your own trademark search. A. Can I Just Apply for a Mark With the USPTO?B. Trademark Search and Clearance C. Trademark Screening Searches D. Full Trademark Searches E. Trademark Search Investigation F. Trademark Clearance Legal Opinion Letter G. Are there any shortcuts to trademark searching?H. Is There Any Guarantee With Trademark Searches?I. What if […]
DETERMINING WHETHER YOU SHOULD FILE FOR A FEDERAL TRADEMARK A. When Do I Need a Trademark? B. Do I have trademark protection if I’ve already registered my company C. What are the benefits to registering a trademark D. When should you apply for a trademark E. The Trademark Application Process___________________________________________________ A. When Do I Need […]
A patentable novelty search (sometimes called patentability evaluation search) is for the sole purpose of determining your chances of obtaining a patent on your invention. A patent search may reveal that you cannot get a patent but even a favorable patent search will not guarantee that you can obtain a patent. The search is conducted […]
General Outline Of Filing A Foreign Patent Application Through The PCT (Paris Cooperation Treaty) Filing a foreign patent application can be an expensive and tricky proposition for many because generally it must be done within one (1) year from the date of the filing of a patent application in the United States. Not only does […]
In most cases after review the Patent Examiner will issue some sort of refusal or rejection of the patent application, which is usually referred to as an “office action” that must be responded to within a prescribe time period or else the patent application will become abandon.
Under U.S. patent law, damages resulting from a successful claim of patent infringement can only be recovered from the date that a patent holder gave infringers proper notice of the Patent. Traditionally, providing proper notice meant physically marking the article, such as through an engraving or molding process or labeling, with relevant, valid and unexpired […]