Menu
The date of first use is one of the most important pieces of information you provide in your trademark application to the United States Patent and Trademark Office. Establishing that your mark is in use is a vital part of the trademark registration p…
Read More
Coming up with an idea that makes your brand stand out is just the beginning of your entrepreneurial success. Importantly, you also need to protect the mark that makes your company unique with a registered trademark. But filing a trademark applicatio…
Read More
Registering your cosmetics, skin care, hair care, beauty supplies or cleaning substance trademark with the United States Patent and Trademark Office (USPTO) is the most important measure you can take to shield your brand from misuse by competitors. B…
Read More
For centuries, October has conjured images of ghosts, goblins, and children in costumes singing, “Trick or Treat!” Lately, there’s been an onslaught of television shows and movies depicting creepy societies determined to raise the dead, and zom…
Read More
You have a great idea for a startup business or new product. You’ve spent time and money brainstorming, gathering the right team, and creating something truly unique and valuable to consumers. Then it occurs to you… “Do I need a business tradem…
Read More
If you want to create a product or service with a unique brand, name, or logo, you should consider protecting your intellectual property with a trademark. But what does trademark mean, and are you required to register a trademark? In this article, we…
Read More
Once your business has developed a unique branded product or service, you can protect your company’s rights to exclusive use of that brand with a trademark application. Simply placing a logo or tagline on your product and entering the stream of com…
Read More
Two of your greatest business assets are your company reputation and brand. Potential customers or clients will choose your goods and services when they recognize your unique name and mark. The trademark registration process is important to protect t…
Read More
Elon Musk, Tesla Inc.’s CEO, is one of the most creative business thinkers of our time. The inspiration for his Tesla car and company was Nikola Tesla, an electrical engineer in the early 1900s who was considered a true genius. Unfortunately, he di…
Read More
Regardless of the type of business you own, protecting your brand should be your first priority. However, you may be wondering whether a trademark can safeguard the logo, slogan, or design on a product when it is legal within your state, but not at t…
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
