Search the Trademark Before Using it 6.7 Million trademarks applications have been filed at the USPTO. Avoid using a name that is descriptive or already registered. Pick a Creative Trademark Focus on picking a trademark that is a reflection of your brand, culture, or values. The trademark database is likely to show that trademarks such…
What is a copyright? Copyrights protect original works of art. This includes architectural drawings, photographs, books, songs, movies, software codes, etc. Copyrights give their owner the exclusive right to reproduce and profit off the underlying work. “Creators are not required to register their original creative work before copyright exists because rights exist automatically when the…
As businesses begin to reopen or resume operations, some stakeholders will continue to require relief, particularly small businesses and individuals. Under the CARES Act authority and its existing authority in Trademark and TTAB matters, the USPTO will direct relief to those who need it on a case-by-case basis, as described below. Applicants who were unable…
Are you interested in using a new name as your trademark? A few of the questions provided below will help you understand trademarks. Filing a trademark is legal process with a tremendous amount of legal loopholes. Is the word a trademark? A trademark is considered a source identifier in interstate commerce. It helps identify the…
The Patent Attorney would require a complete disclosure of your invention. This can include sketches, write-ups, photos, drawings, etc. Provide all of the information in an organized format and be prepared to discuss all aspects of the disclosure. Answers to the following questions can be prepared before a phone or office consultation with your patent…
source: USPT.GOV The United States Patent and Trademark Office (USPTO) today published a report authored by its Chief Economist titled, Adjusting to Alice: USPTO patent examination outcomes after Alice Corp v. CLS Bank International. The report highlights how recent actions undertaken by the USPTO have brought greater predictability and certainty to the determination of patent…
TRADEMARK “USE” IN COMMERCE The term “use in commerce” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. A mark shall be deemed to be in use in commerce: (1) on goods when— (A) it is placed in any…
The term of a federal trademark is 10 years, with 10-year renewal terms. However, the USPTO requires that between the fifth and sixth year after the date of registration, the registrant must file an affidavit stating that the mark is still in use.
The United States Code provides that the owners of all utility and reissue utility patents filed on or after December 12, 1980 must pay maintenance fees to keep the patents. Maintenance fees are not required for design, plant patent, or statutory invention registrations. Maintenance fees and any necessary surcharges may be paid by the patentee…
Step 1: Choose a Strong Mark. Step 2: Choose a Mark That Isn’t Confusingly Similar to Another Mark. Step 3: Begin Using Your Mark in Commerce As Soon as Possible. Step 4: Submit a Complete and Accurate Trademark Application. Step 5: If You Receive an Office Action, Respond Promptly and Thoroughly.
