A Board Certified Patent Attorney
Archive for the ‘Trademark Basics’ Category
The Trademark Checklist: 7 Steps You Must Take Before Filing
Not a day goes by that I don’t get a call from a distressed business owner who – after using one of those ‘trademark filing’ services online – contacts me because their trademark got rejected. And it always brings to mind the origin story of the lucky horseshoe. Legend has it a blacksmith (who later […]
Trademark Selection
It is important to select a trademark that can be registered as a Federal Trademark prior to introducing a new product or service into the marketplace. Businesses should be very careful in selecting a mark so that they retain the ability to obtain registration and can prevent others from using the mark. Trademarks are classified […]
The Strengths of Trademark Classifications
Trademarks are generally classified into one or more categories by the United States Patent & Trademark Office, namely, generic, descriptive, suggestive or arbitrary. Marks receive differing degrees of protection based upon their particular classification. Generic marks: Trademark rights cannot exist in trademarks that are considered generic. A generic term is the common ordinary name of […]
The Problems with Domain Names in the Trademark Arena
The interaction between trademarks and domain names has created a minefield of potential dangers to businesses. Without proper trademark protection through the United States Patent & Trademark Office, a company’s reputation and goodwill can be “kidnapped” by so-called cyber-squatters. Proper trademark protection can provide a potent barrier to would-be cyber-squatters. Obtaining a trademark on your […]
Trademarks as Valuable Assets
Trademarks are valuable assets of a business and continuously increase in value as the products or services they represent gain brand recognition and consumer loyalty. Over 90% of the market capitalization of Yahoo! is based on its brand equity. Other companies, including BMW, Nike, Apple and Ikea, have brand equity valuations exceeding 70% of the […]
Trademark Law Basics of the United States Patent & Trademark Office
Trademark law provides the exclusive right to use a trademark that serves to distinguish the goods of one person from another. A trademark typically is a word, phrase, logo, design, symbol, or a combination thereof. Trademarks serve to identify the source of a particular good, while Service marks identify the source of a particular service. […]
Duration of a Trademark Registered with the United States Patent & Trademark Office
An Affidavit of Use must be filed for a trademark registration to remain valid. This affidavit must be filed with the United States Patent & Trademark Office between the fifth and sixth year following registration, and within the year before the end of every ten year period after the date of registration. With payment of […]
Length of Time Required for Trademark Registration with the United States Patent & Trademark Office
I cannot really give you an exact time when registration will issue after a trademark application has been filed. However, I can give you a reasonable time frame of what to expect. Usually, an applicant will receive a filing receipt approximately six months after filing the application. The filing receipt includes the serial number of […]
Basis for Mark Rejection by the United States Patent & Trademark Office
The United States Patent & Trademark Office reserves the right to refuse registrations of trademarks it feels do not comply with its guidelines. I’ve outlined these for you here, to give you a better idea of what they are. It should be noted that not all words, names, symbols, or devices function as trademarks. A […]
Foreign Applicant Filing for Registration with the United States Patent & Trademark Office
There are several basis for foreign applicants filing registrations with the United States Patent & Trademark Office. This process is acceptable if there is use in interstate commerce or commerce between the United States and a foreign country. Another situation is when there is a bona fide or good faith intention to sue the mark […]
