Applications to register a trademark that includes non-English word involve some very complicated issues that require the assistance of knowledgeable legal counsel. It is also beneficial for people who are interested in registering this type of mark to understand some of the important details about how these marks exist. Translation Requirement Applications to register a…
Protecting Your US Trademark Rights Through US Customs and Border Patrol
A large number of intellectual property owners understand that it is important to register their copyrights and trademarks to make sure that their marks end up with proper protection. Many mark holders, however, fail to understand that it is also important to record their marks with the US Customs and Border Patrol. The reason why…
§44 U.S. Trademark Applications Based on Existing Foreign Trademarks
Businesses often grow brands with the intention of eventually expanding their global recognition. For non-US based companies the US can be viewed as the largest or next-largest economy for its brand(s) to grow. As a result, the number of new trademark applications filed in the US Patent & Trademark Office (USPTO) has expanded significantly over…
A Brief Guide to the Supplemental Registry at the USPTO
Established in 1946, the Supplemental Register is a secondary register for trademarks and is maintained by the United States Patent and Trademark Office. The Supplemental Registry was created to allow domestic registration for trademarks that do not meet all of the requirements necessary for registration on the Principal Register. To be considered eligible for registration…
Specimens Can Render A Trademark Merely Descriptive
Text from an application’s own specimen of use (“specimen”) can render a trademark merely descriptive of the features of its goods or services, and thus unregistrable. That is the ruling from the precedential August 10, 2017 Federal Circuit opinion In Re: North Carolina Lottery. This opinion presents a case study of what (and what not)…
The Importance of Not Waiting to Protect Your Trademark
One of the most critical pieces of advice that all business owners should follow is to sufficiently police unauthorized uses of their trademark rights. Failure to do so can result in companies losing much of the value in their trademarks. Importantly, unauthorized uses of trademark rights must be addressed soon after notification of such infringement.…
Weak Trademarks: Descriptiveness
As you might already know by now, registering a trademark with the United States Patent & Trademark Office (USPTO) is one of the best ways—if not the best way—to protect your trademark rights within the United States. However, the USPTO does not approve all trademark applications. Sometimes, the proposed marks are not strong enough, so…
No Federal Trademark Protection Without Use in Commerce
In the United States, the Lanham Act primarily governs the protection and use of trademarks and service marks, along with touching upon the related topic of unfair competition. The Lanham Act is where the United States Patent and Trademark Office (USPTO) obtains its guidance from. Before allowing a trademark to gain federal protection, one thing…
Avoid Trademark Application Rejection Due to a Likelihood of Confusion
When forming your trademark and preparing for registration, you will want your attorney to conduct a trademark search. As part of this search, your attorney will want to determine if there are other existing marks that may cause a likelihood of confusion with your brand’s mark. The greater the chance of a likelihood of confusion…
So, You Want a Trademark?
If you are in the stages of starting up a business or company, you might consider registering a trademark. A trademark is a word, name, symbol, design, or a combination of those things, used to indicate the source of goods. A service mark is basically the same thing, but relating to services. General references to…
THE TM LAWYER 