Can a Sound Be a Trademark?

When you think of trademarks, logos and brand names likely come to mind. But did you know that a sound can also function as a trademark? Well, it can. In fact, the iconic roar of the MGM lion is one of the most famous sound trademarks in the entertainment industry. Under U.S. trademark law, a...

That Trademark Is Already Taken. Can Similar Trademarks Coexist?

Many businesses worry that their brand name might be too similar to an existing trademark. However, the U.S. trademark system allows for similar word marks to coexist — as long as they are in different classes and do not create consumer confusion. For example, take these two phoentically equivalent brands. “OURA” and “AURA” are both...

The Big Mac: A Trademarked Burger Icon

McDonald’s new limited release Chicken Big Mac got me thinking about the original and unmistakable Burger Icon, the Big Mac. The Big Mac is not just a fast-food legend—it’s also a fascinating case study in business law and trademark strategy. Created by McDonald’s franchisee Jim Delligatti in 1967, this iconic sandwich was inspired by the...

First-to-File vs. First-to-Use: Understanding Basics on U.S. Trademark Rights

When protecting your brand, timing is crucial. However, in the world of trademarks, understanding whether the U.S. follows a first-to-file or first-to-use system can make or break your legal strategy. First-to-Use: The U.S. Trademark Standard Unlike many countries, the United States follows a first-to-use rule for trademark rights. This means that the rights to a...