Trademark Symbol - ™ vs ® Trademark (™) The Trademark symbol (™), often used on logos, names, phrases, or words, is used proactively by companies to indicate the mark is their exclusive property. The ™ symbol has no legal meaning, but can be used on unregistered marks as a “no trespassing” sign. [...]
What Is a Final Office Action? A Final Office Action is an official letter issued by the United States Patent and Trademark Office (“USPTO”). A Final Office Action issues when the applicant has filed response to a first office action, but did not resolve the original grounds for rejection. In this Final Office Action [...]
Naming Your Business - Protect Your Brand Choosing the right name for your business can determine your success. A powerful name can create outstanding marketing and branding opportunities. However, choosing a name that is already taken – or choosing a name you can’t protect – can result in negative publicity and legal issues for [...]
Choosing a Company Name Is Hard Work Trademark law is a maze of rules that dictate whether you can own exclusive rights to a company name or brand. Choosing a company name for trademark use involves balancing a stylistic process with a system of trademark rules. When you work through the stylistic process of [...]
Benefits of Trademark Registration - Should You Register Your Mark? It’s a fundamental question in trademark law: What are the benefits of a registered trademark? I must discuss this at least three times week with trademark clients. In addition to providing a general sense of security, there are numerous benefits of trademark registration that [...]
What Is a Trademark Disclaimer? If you are reading this, you likely have an office action that requires a trademark disclaimer. A disclaimer is a common thing in trademark law. However, the Trademark Office will not approve a trademark application until the applicant disclaims a portion of the mark. A [...]
What Is the Trademark Process and Timeline for Your Trademark Application? The trademark process and timeline described below sets out the procedure once the application is filed. Before the application is prepared and filed, we interview and consult with you. We discuss the various options, risks, and benefits that are presented with your trademark situation. [...]
What Is the Trademark Supplemental Register? If you are reading this, you likely have an office action rejecting your trademark under Section 2(e) of the Trademark Act for being merely descriptive or geographically descriptive. Or, you have a distinctiveness rejection for a shape, color, or trade dress mark. One possible way around the rejection [...]
What is a Trademark? Can Anything Be a Trademark? A trademark is a brand identifier. A trademark can be practically anything that is capable of identifying a source of goods. For example, a trademark can be a word, logo or graphic design, a slogan. A trademark can even be a sound, a [...]
How to Respond to Trademark Office Action – Prior-Filed Application Rejection A Prior-Filed Application notice means that another pending trademark application is blocking yours. Someone else filed an application before your application date, and the earlier application is similar enough to yours to be a grounds for rejection. Trademark [...]