Is your trademark federally registrable? Can you properly identify your goods or services? Can you identify the proper filing basis for your application? If you’re not sure how to answer these and other questions, please give us a call for a free initial phone consultation.
Trademark your business or product name – Intellectual property includes artistic and musical works, designs, images, literature and software. These help develop brand recognition and customer trust in a specific industry. Avoid copying other brands – The United States Patent and Trademark office refers to copying as “likelihood of confusion.” This exists if your trademark…
Due to the national emergency, the Copyright Office was unable to print registration certificates between March 25, 2020 and June 24, 2020 . The Office began printing and mailing registration certificates on June 25, 2020 for all approved registrations including those that were approved between March 13, 2020 and June 24, 2020. If the Office…
Section 2(d) of the Trademark Act requires that the examining attorney refuse registration when an applicant’s mark, as applied to the specified goods or services, so resembles a registered mark as to be likely to cause confusion. In general, registration of confusingly similar marks to separate legal entities is barred by §2(d). However, the Court…
What is trademark infringement? Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. What will happen if someone sues me for trademark infringement A trademark owner who believes its…
INTERNATIONAL TRADEMARK REGISTRATION Madrid Protocol The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks — the Madrid Protocol — is one of two treaties comprising the Madrid System for international registration of trademarks. The protocol is a filing treaty and not a substantive harmonization treaty. It provides a cost-effective and efficient way for trademark holders…
RESPONDING TO A TRADEMARK OFFICE ACTION The United States Patent and Trademark Office provide a trademark office action in the form of an official letter. The Trademark Examiner outlines the issues in the application that would require a resolution before the trademark can register. The issues can relate to the format of the application or…
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…
