Before applying for a trademark, a knockout search is always a great idea to reduce risk of getting a §2(d) likelihood of confusion rejection. A likelihood of confusion rejection is one of the more critical rejections because the USPTO has identified a trademark that will prevent registration of the trademark. In addition, the rejection may … Read more
Many law firms and in-house teams have recommended having a docketing software. A business will eventually grow to the size that the business will not be able to manually track their trademarks. Docketing software are used to track the progress of the trademark from application to renewal fees. The software will provide a list of … Read more
A trademark can be anything that identifies a product or services. There are many things to trademark in your business, not just the business name. What to trademark Many e-commerce businesses have multiple trademarks. Below is a list of items that an e-commerce business may trademarks: Business Name: This trademark is usually the most broad … Read more
“Trade dress” is protection on the overall appearance or image of something in commerce. In short, how the item is “dressed” for sale. What is covered? Originally trade dress applied to labels and packaging, however, trade dress has expanded to include design and configurations of products. Examples: Product packaging, labels and containers: Shape and design … Read more
In the Consolidated Appropriations Act, incorporating the CASE Act, a new Copyright Claims Board (CCB) was established within the Copyright Office. The creation of the CCB follows a recommendation by the Copyright Office that provides a streamlined and cost-efficient means for copyright owners to enforce their rights. The Copyright Office is given one year (possible … Read more
Brand protection is important for any business. Without the proper brand protection processes in place, a business’ brand may become weakened or lost The Brand A brand is a symbol, mark, logo, name, word, or group of words that distinguishes a business or its product from others. A brand identity is developed once a consumer … Read more
The United States Patent and Trademark Office (USPTO) is the federal agency for granting U.S. patents and registering trademarks. The USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the legislative branch to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors … Read more
The term “trademark” often refers to both a trademark and a service mark. Trademark vs. Service mark A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of … Read more
Customers often post images of products they have purchased on social media. The question is whether businesses can use or repost those images on their own social media. The answer to this question involves copyright laws. Copyright Ownership The authors of a social media post has exclusive rights under the Copyright Act, including the right … Read more
Process for applying a trademark Picking a trademark Research Use in commerce/Intent to use Application Approval Renewal fees Picking a trademark When deciding what trademark to use, a owner should understand the strength of the trademark. There are varying levels of trademark strength depending on the words themselves. The following list are the various levels … Read more