IP Basics: Overview of the US Trademark Application Process. **Attorney Advertising**
If you wish to file for a trademark in the United States, there is a fairly uniform process that must be followed to submit your claim and ultimately work towards approval of your desired trademark. The following blog post offers a basic overview of the process. Step 1: Submit Your Application to the USPTO In […]
Is there such thing as an ”International Trademark”? **Attorney Advertising**
We are often asked by clients if there is such a thing as a “worldwide” trademark that offers protection in every country around the globe. Short answer: No. Generally speaking, you’ll need to apply for trademark protection separately in each country where you wish to do business. The good news, however, is that a number […]
What are the characteristics of a good trademark? ** Attorney Advertising**
Not all trademarks that receive trademark protection are considered “good” or “strong” marks. Many businesses or brands make the mistake of registering weak trademarks that often cause legal and financial headaches down the road. It is for this reason and others that we tell clients that in addition to making sure your desired mark can […]
Trademark Denied: Understanding Failure to Function **Attorney Advertising**
There are many things to consider when trying to determine if you have a protectable trademark, including: How distinctive is the word, phrase, or logo that you wish to use? Does it point to your business or brand as the source of the good or service the mark represents? Is the mark being used in […]
Can I get my trademark back once it’s lapsed? **Attorney Advertising**
It’s possible for a trademark owner to lose the rights to their mark because they failed to renew registration within the necessary time frames set forth by the United States Patent and Trademark Office (USTPO). When this happens, the mark is said to be “cancelled” or “dead.” If a trademark owner lets their mark lapse […]
Do I have trademark rights while my application is pending? **Attorney Advertising**
We are often asked by our clients what type of rights they have while their trademark application is pending with the United States Patent and Trademark Office (USPTO). The answer is that no additional rights are gained while a trademark application is pending with the USPTO. As such it is not possible to legally enforce […]
Entity Formation and Trademark Registrations are NOT the Same. Here’s What to Know. **Attorney Advertising**
When it comes to starting a business, people are often confused as to the protections and benefits you gain from forming a business entity, such as an LLC or S-Corp vs. registering their business name as a trademark. These are actually two separate processes and you may need to do both in order to achieve […]
“Booking.com” is now a Trademark: Why Does it Matter? **Attorney Advertising**
In the first-ever United States Supreme Court case to take place over the phone, necessitated by the Covid-19 pandemic, Booking.com was found to be a trademarkable name, despite containing a generic term. In an 8-1 ruling[1], the Court decided the combination of the generic term Booking with a .com extension transforms the generic term into […]
A Quick Guide to Adopting Dead Trademarks **Attorney Advertising**
Finding the perfect name or logo to represent your brand can be daunting. Not only do you need to think of something memorable, but you also need to make sure it’s not already in use or too similar to an existing trademark. You are likely aware of the fact that you cannot register a trademark […]
Avoid These Common Trademark Mistakes **Attorney Advertising**
Brands often rely on a memorable name, quality reputation, and a catchy slogan to succeed. Although this might seem straightforward, it’s surprisingly easy to make an error or omission regarding your trademark that could allow others to infringe on the brand you are working to build, or worse, could cause you to lose your trademark […]
