What are Common Law Trademark Rights? Why are they Important? Common law trademark rights are authorized by federal and state laws. They exist without registration. These unregistered trademarks can cause problems with your registration and use of a trademark. That is, unregistered trademark rights can pop up at any time before, during, or after you [...]
You've Received a Notice of Publication... Congratulations! Your trademark application is scheduled to publish in the Official Gazette. This means that the Examining Attorney at the Trademark Office has carefully reviewed and approved your application under the Trademark Statute and associated Regulations. Visit the Trademark Status and Document Retrieval (TSDR) database, and enter the [...]
Copyright Law Protects Graphics and Logos – Trademark & Copyright a Logo Graphics and logos are protectable under both Trademark and Copyright Law. Many brand owners are not aware of copyrights that exist in a graphic or logo. Often, owners believe trademark protection is enough, and forgo registering copyright in a logo. You [...]
What is Intent to Use (ITU) Trademark Application? The Intent to Use (ITU) Trademark Application is an application that can be filed to reserve rights in a trademark prior to its actual use in commerce. You should consider filing an ITU Trademark application if you have already found the perfect name for your business [...]
How to come up with a name for your business. How to name your business. I've helped many clients come up with a name for their business or product. When deciding how to name your business or product, the first motivation is to choose a good name. You want a [...]
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 of coming up with a business name while working within with a system of trademark [...]
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 trademark disclaimer [...]
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 is [...]