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What is an Office Action?

After you have applied for a trademark registration with the United States Patent and Trademark Office (USPTO), the trademark is examined by an attorney that works for the USPTO. These Examining Attorneys are charged with making sure (1) all trademark applications follow all formal rules for applications, and (2) no trademarks are trying to be registered for whatever legal reason.…Read More

Use in Commerce

Registering a trademark is useful and important, but that is not what gives someone rights in a trademark; registration only documents and clarifies common law rights. To get rights in a trademark in the United States, the mark must be used in commerce in the ordinary course of business. The U.S. has a “use-based” system for trademark registration. That means…Read More

Principal Register v. Supplemental Register

The USPTO allows for registration of trademarks on two different registers. The Principal Register is the ultimate goal for legal protection in the U.S. However, if your trademark is deemed not distinctive of your goods and services, but only capable of being distinctive, it can be registered on the Supplemental Register. The Supplemental Register offers some advantages, but not as…Read More

Why It is Important to do a Trademark Search

There is no requirement in the law to perform a trademark search before applying for registration. However, performing a trademark search is an important step to take to protect yourself from expensive legal problems later on. Before you commit money to marketing and advertising of a business name, signature service, or the name of your product, a good idea is…Read More

What Makes a Trademark a Strong Trademark?

What Makes a Trademark a Strong Trademark? One of the most important and most exciting parts of starting a business or launching a new product is coming up with a name and/or developing your marketing. It’s also a dangerous prospect; you might spend a good deal of time and money buying advertising, printing brochures and flyers, and publishing your new…Read More

How Can I Make My Trademark Incontestable?

A trademark that has been registered on the Principal Register and in use in commerce consistently for five consecutive years is eligible to file for incontestability. This makes such trademarks immune from some of the most frustrating challenges from other trademarks and their owners. First, the things that Incontestability do not immunize a trademark completely from are: Cancellation because of…Read More

What is a Trademark?

https://youtu.be/UjG4kLm_Tew A trademark is a word, name, symbol or device that identifies and distinguishes the source of consumer goods and/or services. It might be helpful to discuss what a trademark is NOT rather than what it is, because it can be easy to confuse the different types of intellectual property. There are copyrights, patents, and trademarks. Copyrights are for protection…Read More

What is the Process for Registering a Trademark?

Coming up with an idea is the first part of the process, and it’s also the hardest part. The remainder of the process follows logical and important steps. You give your goods or services a name or a logo or some other distinctive feature to be identifiable. You also have to make sure that no one else is using that…Read More

Trademarking a Proper Name

https://youtu.be/EzEl0_9AR-g Throughout the history of commerce, people have used their own names or family names to identify their products. So, it should follow that surnames or proper names are common trademarks. That’s not the case with the USPTO register, though. Generally speaking, a proper name or surname is not registerable on the Principal Register of the USPTO. The logic is…Read More

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