Is the USPTO Judging My Creativity? What Trademark Examiners Actually Look At **Attorney Advertising**
Clients ask me some version of this all the time: “Will the examiner like my name? It’s really clever.” And I get why people think this way. You spent weeks brainstorming. The name feels inspired. Surely that counts for something. Here’s the truth: the USPTO is not grading your creativity. There’s no points system for […]
Your Trademark Registration Isn’t Forever. Here Are the Deadlines That Keep It Alive **Attorney Advertising**
There’s a persistent myth that once your trademark registers, you’re done. Certificate on the wall, brand protected, case closed. Not quite. A federal trademark registration can last forever, but only if you maintain it. Miss a deadline, and the USPTO cancels your registration, no matter how long you’ve used the mark or how much you’ve […]
The USPTO Is Using AI to Review Trademark Filings. Here’s What That Means for Your Application **Attorney Advertising**[1]
I talk a lot about how AI is changing the way businesses build brands. Now the government agency that registers those brands is getting in on it too. The USPTO has been quietly rolling out AI tools across trademark operations this year, and this month, examiners themselves are expected to get access to an internal […]
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 […]
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 […]
Can I Register a Trademark That’s Been “Abandoned?” **Attorney Advertising**
Anyone seeking to register a trademark is first encouraged to conduct a search with the United States Patent and Trademark Office to ensure that the mark is not already in use by another business or brand. The hope is that the trademark is unique enough that the owner can move forward with the registration process […]
Someone Else is Using the Same Trademark, but They Haven’t Registered It. Can You Still Use It? **Attorney Advertising **
A trademark is a symbol, phrase, or word that is used to identify a product or service for sale. Most of the things you buy or pay money for have a trademark. You use those trademarks to identify those products. Registering a trademark with the United States Patent and Trademark Office (USPTO) will allow you […]
™ or ®: What’s the Difference? ** Attorney Advertising **
Trademarks are distinctive names or symbols of companies, products, or services that distinguish one company’s goods or services from that of their competitors. Registration of a mark helps to deter others from using the same name or symbol to market their own products. There are multiple symbols used to convey the status of one’s trademark […]
IP Lawyer Answers, “Should I Register My Trademark?” – Attorney Advertising
If you’ve recently started a business, you may be wondering what steps you should take to protect your new venture. This may include registering a trademark that you create to distinguish your business from others. Depending on the stage your business is in, you may already have a trademark. If your business is already selling […]
The Trump Brand: The President Knows Something About Building Walls Around His Intellectual Property
Love him or hate him, President Donald Trump is a gifted master of protecting his TRUMP brand. Whether it’s regarding the branding of his real estate holdings, ancillary business ventures (TRUMP steaks, anyone?), or even campaign slogans, President Trump knows the value of protecting his Intellectual Property so that others can not profit from his […]
