Can I File for a Trademark if the Product or Service I Offer is Free? **Attorney Advertising **
Recently the following question about a podcaster was presented: “I want to trademark the name of my podcast, but I’m a little confused about my ability to do so. My podcast is free. I don’t have any advertisers and the content that I offer is accessed by my listeners at no charge. If I’m not […]
Is Trademarking the Legal Name of Your Company Necessary? **Attorney Advertising **
As your business forms and you choose a unique name that you plan to operate under, you may wonder if it’s necessary to trademark the actual legal name that you plan to use for your company. As with most things in intellectual property law, the answer is that it really depends on the situation. The […]
Can I Save Time and Money by Registering My Trademark in My State Only? ** Attorney Advertising
Business owners or brands who wish to protect their trademarks have two options for doing so: they can register their marks with the federal government by filing with the United States Patent and Trademark Office (USPTO), or they can register their trademark in the state in which they reside and do business. State registration of […]
Should I Apply for My Trademark in My Personal Name or The Name of My Corporate Entity? **Attorney Advertising**
When filling out an application for trademark protection with the United States Patent and Trademark Office (USPTO), one of the very first questions the applicant will be asked for is the name of the owner of the mark in question. At first glance, this may seem like a simple question and you may be tempted […]
You Can Lose Your Trademark If It Becomes Too “Generic” **Attorney Advertising**
A trademark is a word, symbol or phrase that is used to identify the source of a particular product. Because a trademark works to uniquely set apart the source of a product from other brands and service providers in the marketplace, the United States Patent and Trademark Office requires that a trademark be unique and […]
Trademark Owners: If You Receive an Email About Changes to Your Trademark Application or Registrations, It May Be Scam **Attorney Advertising **
The United States Patent and Trademark Office (USPTO) recently put out an alert regarding a new scam in which unauthorized parties use the Trademark Electronic Application System (TEAS) to file changes to accounts in an attempt to register the marks of others on third-party brand registries. Trademark owners are being warned to watch for emails […]
Just How Different Does My Trademark Have to Be from One That Is Already Registered? **Attorney Advertising**
As an Intellectual Property attorney and small business owner, I know how difficult it can be to settle on a trademark that accurately depicts your business or brand. I also know how frustrating it is to ultimately choose a trademark and then discover that there are other trademarks registered with the United States Patent and […]
How Can I Change My Trademark’s Ownership Information? **Attorney Advertising **
There are many reasons why a trademark holder may need to formally change the trademark’s ownership information with the United States Patent and Trademark Office. The most common scenarios and instructions for carrying out such changes are listed below. Change in Legal Name When the owner of a trademark changes his or her name, that […]
Filing for Trademarks: Are You Selling Goods, Services, or Both? **Attorney Advertising **
When applying for a trademark, you will be asked on the application to describe the goods and/or services associated with the mark for which you are applying. While this may seem like a straightforward procedure, many business owners don’t fully think through the way their company operates and may omit elements or overly simplify the […]
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 […]
