ORTMAN LAW FIRM, PLLC Trademark & Service Mark Attorney

Insights

Trademark law, plainly explained.

Confusion, dilution, cease-and-desist letters, fair use, and USPTO practice — written for business owners and founders, not just other lawyers. No jargon left unexplained, no citation left unlinked.

Federal Registration

The Road to a Federal Trademark Registration

Every application starts on the same road, but where it goes next depends on the USPTO and on facts no one can know on day one. See every step and every fork.

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Case Analysis

Same Words, New Order: A $15.4 Million Lesson in Likelihood of Confusion

A jury found that rearranging the words of a small company's slogan was enough to infringe, and willfully. What the Sonate v. Beyond Meat verdict teaches about choosing a mark.

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Trademark Infringement

Likelihood of Confusion in Trademark Law

How courts and the USPTO decide if two trademarks are too close — the DuPont, Sleekcraft, and Fifth Circuit tests, explained plainly.

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Trademark Infringement

Trademark Dilution Explained

Dilution doesn't require confusion, competition, or overlapping customers — just fame. Blurring, tarnishment, and their limits, explained.

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Enforcement & Disputes

Got a Trademark Cease-and-Desist Letter?

A cease-and-desist letter is a demand, not a court order. How to evaluate one on the merits and choose a response strategy.

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Defenses

Genericness & Fair Use: Trademark Defenses

Not every use of someone else's trademark is infringement. Genericness, classic fair use, and nominative fair use, explained.

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USPTO Prosecution

Understanding a USPTO Section 2(d) Refusal

Got an Office Action refusing registration under Section 2(d)? Most refusals are answerable. Here is the process and your response options.

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Have a specific situation to discuss?

These posts cover the general framework. If you're facing a real version of one of these situations, the fastest way to get clarity is a conversation, not another search.

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