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Competition is fierce in the medical industry. That’s why when you build a healthcare brand, registering your Trademark, it is more important than ever before. As a doctor, your name, slogan, or logo is not just for marketing and advertising purpos…
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Intellectual property refers to works created by the mind. These can include inventions, visual art, literature, music, designs, symbols, and other creations. There are several types of intellectual property rights that can protect these types of wor…
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You worked hard to get your business up and running, and may have spent years establishing your brand. But there may be times when you might abandon a trademark — purposely or inadvertently — or you may wish to use one that was once owned by anot…
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After you have successfully registered the mark that makes your brand unique with the United States Patent and Trademark Office, you might be wondering: how long does a trademark last? After all, the last thing a busy entrepreneur wants to worry abou…
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A Las Vegas personal injury law firm recently filed suit against the National Football League (NFL) and the Raiders in connection with use of a black and silver color scheme. While the law firm argues that it has used the colors since 2012, the NFL i…
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For some businesses, a logo or slogan is how consumers recognize the brand. For other companies, a distinctive sound might be the way consumers identify the source of the goods or services — rather than through visual means. If a sound is what dist…
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When you are creating the logo, slogan, design, or symbol that represents your brand, it’s essential to ensure it is inherently distinctive or can acquire distinctiveness. An inherently distinctive trademark is one that does not simply describe the…
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Emojis have become an integral part of our everyday communications. Whether they appear in text messages, emails, or on social media, many people enjoy using them to express themselves. More and more, companies are incorporating these images into the…
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Protecting your trademark with federal registration is one of the most crucial things you can do to safeguard your brand’s identity and your bottom line. But when you file a trademark application with the United States Patent and Trademark Office (…
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With the National Collegiate Athletic Association (NCAA) Basketball Tournament — commonly referred to as “March Madness” — in full swing, broadcasters, advertisers, and other businesses need to be cognizant that they don’t run afoul of trad…
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Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights.
A good example of this is disclaiming “café” if your services are for a café.
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry.
In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
Two dates must be specified in a trademark application:
Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade.
Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
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