Menu
When you’re building a brand, it’s important to make sure you choose a mark that is not merely descriptive — it must be inherently distinctive or be able to acquire distinctiveness. A common reason the United States Patent & Trademark Offic…
Read More
Some scents are so distinct that you instantly recognize them. A smell can trigger memories, emotions, and have an impact on our moods. However, scent can also be a crucial marketing tool that can help to build a brand and increase consumer loyalty.…
Read More
Registering your trademark with the United States Patent and Trademark Office (USPTO) can help ensure you have legal and priority rights to your mark nationwide. However, you can obtain common law rights simply by using your mark in commerce. There i…
Read More
Whether your goods and services are distributed domestically or globally, your trademark is your most important asset. However, if your consumer-base is worldwide, there are several key considerations to keep in mind. Even if you successfully registe…
Read More
Like other forms of intellectual property, trademarks can be bought and sold. However, buying or selling a trademark is much more complex than transferring physical property. It’s crucial to understand the steps that are necessary to take to transf…
Read More
Once you have registered your trademark with the United States Patent and Trademark Office (USPTO), it doesn’t expire as long as the trademark is still in use in commerce. However, it’s important to understand that you have a continuing obligatio…
Read More
Brand protection is crucial for every type of company. You might be wondering whether you can file for trademark protection if the goods connected with your brand are legal in your state — but not at the federal level. As more states legalize recre…
Read More
Trademark applicants may have become aware that a change recently occurred in the way trademark registration certificates are processed. As of May 24, 2022, the United States Patent and Trademark Office (USPTO) will be issuing electronic trademark re…
Read More
The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision issued by the Trademark Trial and Appeal Board (TTAB) to reject Vox’s .SUCKS trademark applications filed in 2018. The domain registry operator submitted two application…
Read More
When you file a trademark application with the United States Patent and Trademark Office (USPTO), it is crucial to understand that there are two registers upon which your trademark can appear. Under the Lanham Act, a trademark may be registered on th…
Read More
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.
Trademark Infringement Lawyer Michigan - Trademark Office Action Michigan - Copyright Lawyer Ann Arbor MI - Trademark Licensing Ann Arbor MI - Licensing Agreements Ann Arbor MI - International Trademark Michigan - Trademark Litigation Michigan - Copyright Lawyer Michigan - Licensing Agreements Michigan - Copyright Infringement Lawyer Michigan
© 2024 Trademark Lawyer Law Firm, PLLC New York City | Chicago | Miami Legal Disclaimer | Privacy Policy | Sitemap | Powered by Matador Solutions
