What Do I Do If Someone is Using My Mark? The first thing you should do is research that business – see exactly when they began using their mark and how it lines up with your first use. Because trademark law is chronological, whoever used a mark first in a commercial sense has superior rights. […]
What is the Difference Between a State and a Federal Trademark? A state trademark will only offer protection in the state in which you register, whereas a federal trademark will protect the mark nationwide, as well as confer some international benefits with treaty countries. If you can secure federal trademark rights, that’s always the best […]
There are a number of things that you are going to have to submit to the Examiner to prove you’re using the trademark and it deserves to be registered. You’ll need to prove: That you’re using the mark That you were the first to use the mark That the mark that you’re using is proper […]
If your trademark was rejected, you may still have options. The next steps may include: Request for Reconsideration You can file a request for reconsideration after the final office action to the Examiner themselves. That essentially means that the Examiner will take one final look at the application, taking into consideration any new evidence you […]
Principal Trademark Registry The principal registry is where you want to be, if you can get there: it’s made for marks that have passed examination completely, part of which is a determination of distinctiveness. The principal registry is the highest form of registration. Supplemental Trademark Registry Yes, a secondary registry exists, and it’s called the […]
The purpose of having a trademark is to protect the intellectual property in your business – brands, names, logos, slogans, etc. Your brand is worth protecting, but the key to protection is that the brand must be unique enough How to Ensure Your Trademark is Unique Trademark law uses different classifications to determine the uniqueness […]
Descriptive and Generic Terms When applying for a trademark, the general rule of thumb is to stay away from generic and descriptive words, and phrases. Trademark law reserves certain words and phrases for the public domain, and does not let anyone have exclusive rights to use them because businesses that provide these goods and services […]
If you’ve applied for a trademark and you’ve received a notice about an “office action,” there are a few possible reasons why. But first, let’s talk about what an office action is. What is an Office Action? An office action is essentially a letter or a notice from the Examiner from the USPTO that there’s […]
Cleveland Trademark Attorney There are a few considerations to think about when you’re looking for the right attorney for you. It’s a two-way street – they’re not just interviewing you; you’re interviewing them as well. So, you want to pick the right personality and the right structure for you. What To Consider in a Trademark […]
