What is Interstate Commerce? Under Federal Law, interstate commerce is any commercial transactions or traffic that cross state boundaries or that involve more than one state. “Interstate commerce” as it relates to the sale of goods includes transporting the goods across state lines and the mark must be displayed on the goods or the packaging…
Each trademark application is assigned to a Trademark Examiner who examines the application for compliance with federal law. Likelihood of confusion between the mark of the applicant and a mark already registered or in a prior-filed pending application is the common reason for rejection. In the ex parte examination of a trademark application, a refusal under §2(d)…
Requests for Extensions of Time to File the Statement of Use Section 1(d) of the Trademark Act requires that a statement of use be filed within six months after the issuance of the notice of allowance, or before the expiration of a previously granted extension of time to file a statement of use. If the…
TRADEMARK SCOPE OF PROTECTION A trademark is always connected to the specific goods or services sold to customers with that trademark. You can’t register a word, phrase, symbol, or design as a trademark without specifically identifying the goods or services being used. Your trademark isn’t limited to one good or service. It can be used with…
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…
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…
It is vitally important that you select or create a trademark that is both federally registrable and legally protectable. Avoid trademarks that are likely to be confused with similar a trademark. Essentially, a “likelihood of confusion” exists when 1) the marks of the parties are similar and 2) the goods and services of the parties…
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…
