8 Questions Answered / 4 Recent Answers
August 30, 2024
A: Hi! Trademarking a common phrase can be difficult. Trademark law prioritizes distinctive, unique marks that clearly distinguish goods or services. Generic, widely-used phrases often lack this distinctiveness, disqualifying them for trademark protection.
However, a common phrase can acquire secondary meaning. This happens when it becomes so closely associated with a specific brand or product that it has unique significance in consumers' minds. For instance, if a phrase has been used extensively and exclusively for a product and is well-known, it might qualify for trademark protection.
To increase the chances of successfully trademarking a common phrase, demonstrate secondary meaning. This involves providing evidence of:
Long-term, continuous use of the phrase
Significant marketing efforts to promote it
Consumer recognition of the phrase as associated with your brand
Distinct branding elements linked to the phrase
The eligibility of a common phrase for trademark protection depends on specific circumstances and the jurisdiction.
March 29, 2022
A: Paul,
Please, please, please purchase the title insurance before purchasing the lot (if possible). This will protect you in the event of any title defects. It is normal for the owner of a lot to prefer to transfer the property via quitclaim deed, especially if the property was obtained via a tax sale. However, it may be extremely helpful to determine, in advance, if there are any title defects which need to be addressed. Are you under contract to sell the property?
Please reach out to me if you have any questions.
Thanks,
Meghan K Thomas
March 29, 2022
A: A quit claim deed is effective upon execution so long as the deed is dated as of the date of signature. Execution means that the deed is signed, in front of a witness and a notary. The witness and notary must also sign the deed. Finally, the deed must be recorded. This means that the deed must be submitted to the Superior Court recording office of the County in which the property sits.
Please let me know if you have any questions.
Thanks,
Meghan K Thomas
March 29, 2022
A: Hello,
In Georgia, defamation consist of producing a false and defamatory statement about another. Libel consists of writing (via text, social media, or even through a review) a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person. Finally, slander of (oral defamation) occurs by making charges against another in reference to his trade, office, or profession, calculated to injure him therein; or uttering any disparaging words productive of special damage which flows naturally therefrom.
You can write a letter to your former employee outlining the law and describing how they defamed you and your business. If you have any questions, feel free to reach out to me and set up a consultation.
Thanks,
Meghan K Thomas, Esq