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
“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
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 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
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
This is a list of some trademark business considerations for your business. SUMMARY As an e-commerce business doing businesses online and throughout the world, you may want to apply for a trademark to have the most rights possible. Applying for a trademark will take some digging to make sure you will not run into any … Read more
There are four main types of intellectual property that may apply to your products: Patent Trademark Copyright Trade Secret This will be very important to think about as your create and design your product. If done early in your product life-cycle, it will greatly improve the value of your business. PATENTS A patent is a … Read more
Many online platforms now allow intellectual property right owners to submit take-down notices. The owner may submit a take-down notice for the platform to review if the owner believes their intellectual property right is being infringed by another person on the platform. After review, the platform will decide whether to remove the alleged infringing item. … Read more