Does my “DBA” Name Provide Trademark Rights? **Attorney Advertising **
DBA stands for “Doing Business As.” It’s also known as a Fictitious Name or an Assumed Name. A DBA allows you to do business under a name that may be different than your legal business name. To obtain a DBA, business owners can start by searching their state’s database to see if anyone else is […]
My Competitor Hasn’t Registered Their Trademark Yet… Should I Beat Them to It? **Attorney Advertising **
If you’ve noticed that a competitor is using the same or a similar mark to the one you use or are planning to use and that they have not formally registered the trademark, and you’re wondering if it would be a good idea to beat them to the punch, in short, no. Trying to scoop […]
Life Just Got Harder for Counterfeit Sellers with the Launch of Amazon’s New Counterfeit Crimes Unit **Attorney Advertising**
Last month, I wrote about my run-in with counterfeit sellers on Amazon when searching for a toddler drum set for my son. If you missed that post, one listing I came across showed a beautiful drum kit for under $3.00. At that price, who wouldn’t be tempted to hit “Buy Now?” After a little bit […]
At What Point Should I Apply for a Trademark for My Startup? **Attorney Advertising **
The decision of “when to file a trademark” for a startup company is an important one. Many intellectual property attorneys will tell you “the sooner, the better,” but there are times when that may not be the best approach depending on the unique circumstances of each individual startup. The following are some of the issues […]
What Can I Expect When I Meet with a Trademark Attorney for The First Time? **Attorney Advertising**
We are often asked by clients who have never filed for a trademark before what they should expect when they meet with an attorney for the first time. While “initial meetings” are different at every firm, here in our practice, the goal of an Initial Needs Assessment is to learn as much as we can […]
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 […]
