Recent Blog Posts
Likelihood Of Confusion: What Is It? And What Happens If My Trademark Application Is Refused Because Of It?
Are you concerned that your mark is similar to that of a competitor? Or that a competitor’s mark is too similar to yours? The standard for whether a conflict exists between two (2) trademarks is found in federal trademark law and is known as “likelihood of confusion.” Issues of likelihood of confusion arise in… Read More »
Why Should You Consider Filing Foreign Trademark Applications? With the use of the Internet, companies may now sell their products/services throughout much of the world easier than ever. Therefore, trademark owners must consider trademark registration in many more countries to ensure their brands are adequately protected. Where Should You Consider Filing Foreign Trademark Applications?… Read More »
A federal trademark registration provides valuable protection in the United States. However, the United States Patent and Trademark Office (USPTO) only extends trademark protection to the trademark identified in your federal trademark application for those goods/services set forth in your trademark application. Therefore, correctly identifying your goods/services in the correct class is a critical… Read More »
Once someone has selected a brand name for their products or services, and has decided to proceed with a federal trademark application, the next question that arises is usually whether to file for a standard character mark or a design (stylized/logo) trademark. Choosing correctly – or incorrectly – can have important effects on the… Read More »
Business people and their advertising agencies usually desire a trademark that directly tells something about their product or service. They want a trademark that does double duty: to both identify source and to tell something about the product. From a marketing point of view, a descriptive trademark is probably the most attractive since it… Read More »
In today’s issue, we answer one of the most frequently-asked questions we receive: What is the difference between an INTENT-TO-USE APPLICATION and a USE-BASED APPLICATION? We answer your question here! This is a lot of information to digest and demonstrates the complexities of the application process but we have good news! That’s what we… Read More »
In Today’s Issue, we answer the question – What is the difference between the “right to use” a trademark and the “right to register” a trademark? While these rights are inextricably linked, they are different. The United States and Patent Trademark Office (USPTO) defines a trademark “as a word, phase, symbol, or design, or… Read More »
In today’s issue, we answer the question – Do I need to conduct a trademark search for my potential trademark? Once a seller has selected one or more potential trademarks for its products or services, the next step is deciding whether or not to conduct a trademark search. Clients often ask me whether a… Read More »
Selecting a trademark is the very first step in the overall application/registration process. This must be done with thought and care, because not every trademark is registerable with the United States Patent and Trademark Office (“USPTO”). If your trademark is not registerable with the USPTO, you will not be able to secure Brand Registry… Read More »
Check out this article about Amazon’s IP Accelerator program aimed to assist sellers with faster access to Brand Registry.