Absolutely! Many people ask this question as they think they are limited to trademarking just the overall company brand name. However, as long as you’re using a brand to promote a product or service, then that product or service brand might be proper for trademark protection. You can trademark a product line, a service line, […]
A U.S. trademark registration extends to all 50 states and commonwealths, but doesn’t, in and of itself, extend to other countries. However, there are special considerations that United States laws give to other treaty countries through international intellectual property agreements. These treaties give trademark registrations special consideration when an international business applies for trademark registration […]
Can I Trademark My Name? There is no problem in trying to trademark your name. You just have to be careful that you are abiding by the rules of trademark law. Trademark law is class-specific – you can only protect a trademark in the industry of goods and services you provide. Whether large or small […]
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 […]
