Recent Blog Posts
HEMP vs. MARIJUANA: Are my products legal under trademark law?
Are you selling hemp, CBD, and/or Marijuana products and wondering if you qualify for a United States Trademark registration? One important standard for whether a trademark can be registered with the United States Patent and Trademark Office (USPTO) is found in a federal trademark law that states that the goods/services covered by a trademark… Read More »
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, Where, and When Should I file Foreign Trademark Applications?
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 »
Which Goods/Services Should I Include in My Federal Trademark Application?
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 »
Which Trademark Should I Apply For? Standard Character Mark or Logo Design Mark?
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 »
The Supplemental Register, Descriptive Marks, & Brand Registry
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 »
Intent-to-Use Applications vs. Use-Based Applications
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 »
Right to Use Trademarks vs. Right to Register Trademarks
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 »
The Benefits and Advantages of a Trademark Search
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 Your Trademark
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 »
