Shows
Securing Your BrandTrademark vs Copyright for Entrepreneurs to Avoid IP Confusion and Protect BrandsIn this episode of Securing Your Brand, trademark attorney Melissa Jeda and copyright expert Holly McFall dive into the critical differences between trademarks and copyrights, and how entrepreneurs can secure their brands effectively. Whether you’re just starting your business or looking to expand, understanding these two concepts is vital for protecting your intellectual property. The episode is packed with real-life examples and actionable insights to help you navigate the complexities of brand protection.Melissa and Holly explain the essential steps for securing your brand, from filing the right applications to avoiding common mistakes that could jeopardize yo...2025-07-2216 min
Securing Your BrandBrand Protection for Startups to Stop Trademark Lawsuits Before They Destroy Your BusinessIn this episode of Securing Your Brand, trademark attorneys Melissa Jeda and Holly McFall, partners of SecureMark Legal, discuss the world of trademark infringement, offering insights on how to avoid costly mistakes that can jeopardize your brand. They break down what a trademark infringement letter is, how to respond to it, and the steps business owners should take to protect their intellectual property.Melissa Jeda and Holly McFall are the co-founders of SecureMark Legal, with over 30 years of combined experience helping businesses protect their brands. With their legal expertise, they provide actionable advice on trademark issues, ensuring...2025-07-0822 min
Securing Your BrandTrademark Mistakes Small Business Owners Make That Lead to Lawsuits and ShutdownsIn this episode of Securing Your Brand, trademark attorneys Melissa Jeda and Holly McFall, partners of SecureMark Legal, break down the top five mistakes entrepreneurs make when trying to trademark their business names and logos and how to avoid them. Whether you’re running a weekend food truck, a boutique jewelry brand, or launching a product line, this episode is packed with real-life cautionary tales and actionable advice that could save your business from costly rebranding, lawsuits, and missed opportunities.Melissa and Holly explain why waiting too long, filing in the wrong class, and listing the wrong ow...2025-06-2424 min
Securing Your BrandHow to Trademark Your Brand and Avoid Class Confusion, Office Rejections, and Infringement RisksIn this episode of Securing Your Brand, hosts Holly McFall and Melissa Jeda, partners of SecureMark Legal, unpack the entire trademark process from search to registration and everything in between. Whether you're an e-commerce entrepreneur, a small business owner, or just someone with a brilliant idea, this episode will help you avoid the most common pitfalls and protect your brand like a pro.The detailed analysis into why Google isn’t enough, how to choose the right class, why descriptions matter, and what to do if your application hits roadblocks. Holly A. McFall brings he...2025-06-1027 min
Securing Your BrandDecoding "Merely Ornamental"; Why this Trademark Issue Matters for Merchandise BrandsMERELY ORNAMENTAL TRADEMARKS: A GUIDE FOR MERCHANDISE BRANDSUnderstanding Merely OrnamentalWhen the USPTO describes a trademark as "merely ornamental," it means the mark isn't functioning as a trademark but rather just as a design on a product. This typically occurs in merchandise businesses where a name is simply placed on t-shirts, merchandise, swim shirts, shorts, or shoes without functioning as a brand. While this can be overcome when you're actually in the merchandise sales business, it becomes more challenging when it's just a slogan or brand not primarily engaged in merchandise sales....2025-06-0314 min
Securing Your BrandThe Launch of SecureMark Legal's Trademark Monitoring ServiceWhat is Trademark Monitoring?SecureMark Legal currently offers trademark monitoring to all trademark clients who file applications, whether locally in the United States through the USPTO or overseas. The service includes six months of complimentary monitoring, with the option to purchase annual monitoring thereafter. The monitoring system tracks USPTO trademark filings, watches for new applications, and alerts clients to office actions that might affect their marks as well as any other new filings SecureMark identifies as potentially infringing on its clients’ trademarks. Clients receive monthly email updates, with immediate notifications for urgent matters.Expanded Monitoring Se...2025-05-2014 min
Securing Your BrandSecuring Your Brand - Episode 10: Breaking the Burnout Cycle with Erin GernerIn this enlightening episode, attorneys Holly McFall and Melissa Jeda welcome special guest Erin Gerner, a former lawyer turned business coach. Erin shares her powerful journey from big law to entrepreneurship, discussing how she founded Powerhouse Lawyers to help female attorneys break the burnout cycle. The conversation explores valuable insights on delegation, goal reassessment, and the importance of community in entrepreneurship.Key Timestamps:00:01 - Show introduction00:16 - Introduction of host and guest speakers01:13 - Erin's journey from law practice...2025-04-2420 min
Securing Your BrandInside Cybersecurity: Expert Insights With Marc FarronEpisode Summary
In this episode of Securing Your Brand, hosts Holly McFall and Melissa Jeda from Secure Mark Legal welcome cybersecurity expert Mark Faron. Mark shares decades of experience in technology, from programming and network operations to consulting small businesses at Florida Gulf Coast University’s Small Business Development Center. The conversation focuses on practical cybersecurity measures for small businesses, home offices, and remote workers. Topics include understanding basic cybersecurity principles, common vulnerabilities, key controls, and actionable tips for safeguarding digital assets.
Timestamps
[00:01] Introduction to Securing Your Brand and guest Mark Faron.
[02:02] Mark's background in technology, programming, and bu...2025-04-0420 min
Securing Your BrandWhat to ask before you hire a trademark lawyer?Episode Summary
In this episode, host Kevin Rosenquist welcomes trademark attorneys Holly McFall and Melissa Jeda from Secure Mark Legal to discuss an essential topic: What should you ask before hiring a trademark lawyer? Whether you’re a startup, a growing business, or someone looking to protect your brand, this conversation will help you decide to choose the right legal partner.
Timestamps
[00:01] Introduction to the podcast and today’s topic
[00:16] Meet the guests: Holly McFall and Melissa Jeda
[01:17] Why working directly with a lawyer matters
[02:28] What is a comprehensive trademark search?
[04:49] The difference betw...2025-02-2518 min
Securing Your BrandCautionary Tales: Lessons Learned in 2024 and What’s Ahead for the USPTOEpisode Summary:
In this episode, Holly McFall and Melissa Jeda dive into the recent changes at the United States Patent and Trademark Office (USPTO) and their impact on trademark and patent filings. They discuss updates to fee structures, stricter filing requirements, and the challenges AI-generated specimens pose. The episode provides invaluable advice for navigating these updates, whether you're filing on your own or seeking legal assistance.
The hosts also highlight how these changes aim to address fraud, streamline processes, and ensure more accurate filings. They stress the importance of proper preparation and share practical tips...2025-01-2816 min
Securing Your BrandInfringement Insights: Handling Copyright Disputes with a Thoughtful ApproachIn this episode, Kevin Rosenquist is joined by Melissa Jeda and Holly McFall as they discuss copyright infringement and the legal steps to take if someone infringes on your work. They cover key topics like documentation, takedown procedures, legal actions, and the role of mediation in resolving disputes. The conversation also touches on how AI-generated works fit into the copyright landscape and the potential impact of using third-party vendors for content creation.
2024-12-2418 min
Securing Your BrandHow to Handle Examiner Objections with PoiseEpisode Summary:
In this episode of Securing Your Brand, Janet Badalow, a business intermediary, provides valuable insights on the process of buying and selling businesses. She explains the key aspects that determine whether a business is sellable, including financial stability, asset transfer, and intellectual property considerations. The conversation also covers the emotional aspects of selling a business, such as the owner's attachment and the importance of planning for life after the sale. Janet discusses how business valuation works, the role of business intermediaries, and why it’s beneficial to work with professionals rather than handling the sale in...2024-11-2624 min
Securing Your BrandIntent to use application – I love this name and don’t want others to use it!In this episode of Securing Your Brand, hosts Melissa Jada and Holly McFall discuss the implications of using catchy phrases and viral trends as trademarks. They emphasize the importance of understanding trademark laws when considering using popular expressions in business. The conversation highlights how common phrases can be trademarked if used in connection with goods or services. The episode also covers the intent to use applications for trademark registration and the significance of adequately categorizing the trademark during the filing process. Tune in to learn how to protect your creative assets while navigating the ever-changing landscape of social media...2024-10-1818 min
Securing Your BrandNavigating Copyright Infringement Key Elements and DefensesIn this episode of "Securing Your Brand," Holly McFall and Melissa Jada from SecureMark Legal join Matt Skye to discuss the intricacies of copyright infringement. They explain that copyright infringement occurs when someone uses a copyrighted work without permission, emphasizing that intent or knowledge of ownership is irrelevant. The hosts highlight the importance of obtaining licenses for creative works, such as images and art, to avoid liability. They also address who can be held responsible for infringement, noting that the individual who uses the copyrighted material is typically liable. In scenarios involving third-party services, like marketing companies, the primary o...2024-09-1918 min
Securing Your BrandHow to File a TrademarkIn this episode of "Securing Your Brand," hosts Holly McFall and Melissa Jada from SecureMark Legal discuss trademarks, copyrights, and intellectual property protection. They emphasize the importance of conducting thorough research before filing a trademark to ensure the uniqueness and availability of the business name. They recommend consulting an intellectual property attorney for a comprehensive search to better understand the landscape. The episode provides valuable insights for individuals looking to safeguard their creative assets effectively.
Timestamps:
[00:02:31] The importance of trademark ownership.
[00:04:48] Trademarking Food Product Names.
[00:08:05] Trademark infringement case for food truck.2024-08-1525 min
Securing Your BrandUnpacking the Types of Intellectual Property LawThis episode of "Securing Your Brand" delves into trademarks, copyrights, and intellectual property with Holly McFaul and Melissa Jetta from SecureMark Legal. The discussion covers the main types of intellectual property law - patents, trademarks, copyrights, trade dress, and trade secrets - and their respective protections. Patents safeguard designs and inventions; trademarks protect business identifiers like names and logos; copyrights cover creative works in tangible form; trade dress pertains to product design; and trade secrets safeguard confidential information. The episode clarifies the critical distinctions between patents and trademarks, highlighting their unique roles in intellectual property protection.
Timestamps:2024-08-1418 min