Someone Already Trademarked a Word That I Want. Now What?! **Attorney Advertising**
We often hear from frustrated entrepreneurs and business owners who thought they’ve come up with the **perfect** name or phrase to trademark only to find out that someone else beat them to the punch. But does that mean the idea itself is off the table? Like most things in Trademark Law, the answer is that […]
USPTO Extends Certain Patent and Trademark Filings to June 1st Due to COVID-19 **Attorney Advertising**
Due to the continued COVID-19 outbreak in the United States, the United States Patent and Trademark Office (USPTO) has further extended the deadline to submit certain patent and trademark filings, as well as pay required fees, to June 1st, 2020. This temporary authority was granted under the Coronavirus Aid, Relief, and Economic Security Act (CARES […]
It’s Now Mandatory to E-File Trademark Applications with the USPTO **Attorney Advertising **
When I first started practicing law, the only way to file anything with the USPTO was to snail mail a paper application (or other trademark related form). When a deadline was at stake, I would have to go to the post office for a date stamp from the post office as proof of filing date. […]
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 […]
