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Choosing a Business Name
Choosing a Business Name Choosing a business name may seem daunting if you don’t know where to start. A simple Internet search will show you the abundance of tools and resources available for entrepreneurs including free business name generators, articles and tips. Although it is great to have all of this information at our fingertips, it can be very overwhelming at first. Your business name is your brand identity, and it sets you apart from competitors, so it is understandable to feel pressure when choosing a business name. In this initial brainstorming phase, it is important to stay organized and consider your options. At EsquireTrademarks.com, we consider two different perspectives when choosing a business name; the stylistic approach, and legal considerations as it relates to trademark use. The Stylistic Approach Our Stylistic approach streamlines the creative process in which you determine a memorable name [...]
Trademark Searches
Why Trademark Searches Are Not 100% Accurate Trademark searches cannot predict with 100% accuracy whether your trademark application will be blocked by a trademark registration, or prior filed application. In fact, the only time a trademark search is 100% is when the exact trademark mark is found for the exact same services. If this happens, you know with 100% certainty that your trademark application will be denied by the Trademark Office. The Trademark Office can reject your application using similar marks – marks that have similar components – similar in sight, similar in sound, similar in meaning. This decision to reject your trademark application is a subjective decision made by the Trademark Office Examining Attorney. As such, it is impossible to predict with 100% accuracy how a particular Examining Attorney will rule on the application. How Our Trademark Searches Work For word marks, we perform an [...]
What is a Standard Character Mark? – Word Marks vs. Design Marks
What are the Differences Between Standard Character Marks and Design Marks? When submitting a trademark application for your business, it is important to decide whether to submit a Standard Character Trademark (aka Word Mark), or should you register to trademark a logo or design mark. Clients regularly ask which of these they should apply for to get the best protection for their brand. When registering a trademark, the value and broadest protection is with a Standard Character Trademark People say words, they type words into search engines, they fight over brand names. (Standard Character Mark) People do not speak logos, and you can't search for a business by its design mark (logo). (Design Mark) Usually, I advise that first you register the mark as a standard character trademark, if possible. Standard Character marks cover the word(s) and provide the broadest form of protection compared to design or logo [...]
What is a Notice of Allowance?
What is a Notice of Allowance? You’ve received a Notice of Allowance for your trademark applications. Congratulations, this is good news! This means your Intent to Use Trademark Application has passed the examination process and has not been rejected. In this article we will discuss what a Notice of Allowance is, what will be required from you once you receive a Notice of Allowance, and the timetable you must follow for the remainder of your trademark application process. A Quick Summary... Notice of Allowance Triggers a Requirement to File a Statement of Use Evidence of Use is Required Sworn Statement That Mark is in Use is Required Deadline is 6 Months from Notice of Allowance Extensions are Available if You Can't Meet the Above Requirements The Application Will Go Abandoned if You Miss the Deadline Payment of Government Fee(s) [...]
Ohio Man Applies for CORONAVIRUS as a Trademark for a Metal Band
Ohio Man Applies for CORONAVIRUS as a Trademark for a Metal Band On February 9th, 2020, Ohio college student Harley Ganiere applied for the trademark "Coronavirus" to use as a metal band name. Amid the COVID-19 outbreak that is still only beginning, Ganiere was one of the first of many to begin registering trademarks related to the Coronavirus. Since most of these applications were for medicine, apparel, or merchandise, Ganiere's application was unique. The application went abandoned on February 26, 2021. About Harley Ganiere, Applicant of the Coronavirus Band Trademark Harley Ganiere does not have much of an online presence for his music. However, several metal guitar riffs of his can be found on his Soundcloud. Ganiere lists himself as a Recording Arts and Technology major at Cuyahoga Community College. Ganiere commented on his "Coronavirus" trademark on Facebook. He said, "I picked it as [...]
Coronavirus Trademarks Popular Amid Outbreak
COVID-19 Outbreak Leads to Flurry of Coronavirus Trademark Applications Amidst the current COVID-19 outbreak, many people are submitting Coronavirus related trademark applications. Since January 27th, applicants submitted about 30 applications containing the word "Corona" that are unrelated to the beer brand. During this timespan, a variety of Coronavirus trademarks have emerged, including uses for medicine, apparel, merchandise, and more. Vaccine, Medicine, and Alternative Medicine Trademarks The first of these Corona trademark applications came from Moderna, Inc., a Massachusetts-based biotechnology company. Moderna applied for the marks "WUHAN CORONA VAX" and "WUHAN CORONA MVAX". Moderna plans to use these marks for vaccines and treatment of infectious diseases. Currently, the company is working on a vaccine called mRNA-1273 that could potentially be a cure for Coronavirus. In addition to vaccines, companies are applying to trademark more common medical products. For example, Quality Innovations, Inc. has a live trademark [...]
Trademark Fraud Using Public Email Addresses
Trademark Fraud Occurs Every Day Using Public Email Addresses Criminal enterprises (spammers) use public trademark owner data to prey on trademark applicants and registrants. The Spammers collect public trademark information and use it to send Official Notices and Requests for Payment of fake renewal fees. Visit my Trademark Scam Information Page for detailed information about trademark scams. The Fraudulent Official Notices are sent using the public email and postal address provided in the trademark application forms. We have had several sophisticated large businesses pay thousands of dollars to Fraud Criminal Enterprises, who sent Fake Official Notices. Trademark Fraud by Email! USPTO’s Mandatory Owner Email Requirement: Historically, providing applicant email information was optional. Most trademark practitioners left owner email blank to protect clients from the Criminal Privacy Phishing Fraud Scams that are occurring to unsuspecting trademark owners. As of February 15, 2020, the submission of [...]
TACO TUESDAY Trademark Application
Lebron James Files TACO TUESDAY Trademark Application - USPTO Denies LBJ Trademarks LLC, on behalf of Lebron James, filed a TACO TUESDAY trademark application to register the phrase with the United States Patent and Trademark Office. About the Trademark Application The trademark application was filed on August 15, 2019. However, the USPTO denied the application because the expression “...is a commonplace term message, or expression widely used by a variety of sources that merely conveys an ordinary, familiar, well-recognized concept or sentiment,” according to the USPTO examining attorney in the declined trademark application. For more information about the next steps in the trademark application and registration process, visit my other article The Trademark Process and Timeline. Lebron James often uses the phrase on Instagram to describe taco nights with his family. However, the general public questioned whether or not a single [...]
JORDAN JOHNSON Trademark Application
JORDAN JOHNSON Trademark Application Jordan Johnson of Philadelphia, applied to register JORDAN JOHNSON as a trademark on August 7, 2019. About the JORDAN JOHNSON Trademark Application The trademark application will be registered for use in Restaurant Services Restaurant services; Restaurant services featuring sandwiches; Restaurant services featuring specialty cuisine; Restaurant services featuring southern cuisine; Restaurant services featuring seafood; Restaurant services, including sit-down service of food and take-out restaurant services, and more. For more information about the next steps in the trademark application and registration process, visit my other article The Trademark Process and Timeline. About JORDAN JOHNSON Jordan Johnson has been operating as a gourmet seafood restaurant located in Philadelphia for many years. The restaurant provides customers with eat-in, take-out, and delivery options.