What Does a “Merely Ornamental” Trademark Refusal Mean? **Attorney Advertising**
So, you’ve applied for a trademark but your application was denied for being “merely ornamental” Under TMEP Section 1202.03. You’re now likely wondering, “What does that even mean?” and “How can I overcome this rejection?” It helps to first understand how the United States Patent and Trademark Office (USPTO) defines “ornamental.” Ultimately, it just means […]
Considerations When Choosing the International Class(es) for Your Trademark Application **Attorney Advertising**
When a person applies for a trademark with the United States Patent and Trademark Office (USPTO), they’ll be asked to select at least one International Class (IC) of goods and services associated with their mark to help the USPTO search for possible conflicting registrations. The description in the IC will also determine the scope of […]
Using a trademark without permission? This may be a defense for you. **Attorney Advertising**
I was recently in San Francisco to visit family, friends, and clients, and while there I did a ton of bread research for my home baking. I purchased and enjoyed a few loaves each day, and without a doubt… San Francisco is on top of their bread game. One place with an amazing bread selection had this […]
Should I Keep My Trademark If I’m No Longer Using it In My Business? **Attorney Advertising**
A common question that we are asked is whether a trademark owner should continue to hang onto a mark that they are no longer using in their business. More often a trademark owner would like to retain ownership even thought they are no longer using the mark. A business owner or brand may stop using […]
What Does “First to Use” Mean When it Comes to Trademarks? **Attorney Advertising**
Here in the United States and in many other countries around the world, ownership rights for trademarks are given on a “first to use” rather than a “first to file” basis. But what does that actually mean and how do you determine if you are indeed the party that has exclusive “first to use” rights […]
Someone Is Opposing My Trademark Registration… Now What? ** Attorney Advertising**
Before a trademark is officially registered with the United States Patent and Trademark Office (USPTO), the pending application will be made available to the public. This provides any interested third party with the chance to oppose registration of the mark if they feel that it is improper or a threat to their business. Timeline of […]
Should I Apply for My Trademark in My Personal or Company Name? **Attorney Advertising**
“Who owns this trademark” is a question that needs to be accurately answered before an individual or company files an application with the United States Patent and Trademark Office (USPTO). If a business owner or brand does not properly identify the owner of a trademark, or it does not list all possible co-owners of the […]
How to Use Trademarks, Copyrights, and Patents to Protect Fashion Designs ** Attorney Advertising**
The world of fashion is a multi-billion-dollar industry that includes the sale of apparel and all related fashion accessories across the globe. Those who make a name for themselves in the fashion space often do so because of their unique and stylish designs that catch the eye of retailers, fashion influencers, and customers alike. While […]
Proper Use of a Trademark: What You Should and Should NOT Do **Attorney Advertising **
A trademark is a word, phrase, color, sound, design, symbol, or combination of such that identifies the source of goods or services from others. However, using your trademark to distinguish your product or service from others is not as simple as placing a ™ or Ò beside your trademarked name or graphic. There are a […]
How to Maintain Your Trademark in the United States and Internationally **Attorney Advertising**
Trademarks are an integral piece of any company’s intellectual property foundation, but the protection that comes with having a registered trademark does not last forever. In the United States and across the globe, there are steps that you must take to maintain and renew your trademark as time goes on. This process can become rather […]
