How do I know whether I’m infringing? To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are “senior” to the defendant’s), and that the defendant’s mark is likely to cause confusion in the minds of consumers about…
LET US HELP YOU GENERATE YOUR NEW TRADEMARK Powered by artificial intelligence (AI), we utilize a naming tool that provides creative name suggestions based on user criteria, simultaneously analyzing names against registered trademarks. It accelerates the naming process while reducing the risk of clearance barriers. Create with confidence, quicklyThe AI algorithm generates creative name suggestions…
A Sound Trademark Identifies and Distinguishes a Product or Service Through Audio Rather Than Visual Means A Sound Trademark Identifies and Distinguishes a Product or Service Through Audio Rather Than Visual Means Sound marks function as source indicators when they “assume a definitive shape or arrangement” and “create in the hearer’s mind an association of…
What is a design patent? Source: USPTO.GOV A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to…
TRADEMARK APPLICATION FILING FEES The cost of attaining a trademark varies depending upon the selected filing, which initial application form is used, and the international class selections. Each of these filing options have specific requirements that impact the fee amount. There are certain factors used to calculate the filing fee for an initial application, and you should…
If you have received an Office Action from an examining attorney regarding your application, you must respond within six (6) months of the issue date of the Office action, or your application will be abandoned. However, if your delay in responding to the Office action was unintentional, you may submit a petition to revive. If the…
Improper Subject Matter for Design Patents Source: USPTO.GOV A design for an article of manufacture that is dictated primarily by the function of the article lacks ornamentality and is not proper statutory subject matter under 35 U.S.C. 171. Specifically, if at the time the design was created, there was no unique or distinctive shape or…
An office action is an official letter sent by the USPTO. In it, an examining attorney lists any legal problems with your chosen trademark, as well as with the application itself. You must resolve all legal problems in the office action before we can register your trademark. In an office action, an examining attorney may…
ARE YOUR PATENT OFFICE MAINTENANCE FEES DUE IN 2020? Who can pay? Maintenance fees and any necessary surcharges may be paid by the patentee or by any person or organization on behalf of a patentee. What to include with payment? You must include both the patent number and corresponding application number with your maintenance fee…
NIs my Business Name a Trademark? The use of a business name does not necessarily qualify as trademark use, though other use of a business name as the source of goods or services may qualify it as both a business name and a trademark. Many states and local jurisdictions register business names, either as part of…
