The trademark process can be very confusing, so it’s no wonder why the USPTO recommends hiring an attorney to file your trademark application. Just check out the chart of the basic process above. To help you figure out the process, we made this handy trademark registration process flowchart, to give you a step-by-step description of the […]
The USPTO has to “registers” for trademarks, the principal register and the supplemental register. Before you can understand these registers, you need to understand trademark “distinctiveness,” that is, how much the trademark relates to the goods and services being sold. The more descriptive the trademark is, the weaker and less valuable it is. Distinctiveness is […]
One of the first questions we get asked about filing a federal trademark application is “how much does it cost?” That leads to every lawyer’s favorite answer: it depends. First of all, it depends on whether or not you hire a trademark lawyer. Hiring a trademark lawyer is always a good idea. Lawyer fees vary […]
You don’t have to register your trademark to have limited trademark protection. But there is another dirty little secret about trademarks: you can apply for a federally registered trademark yourself online, for free, at the USPTO–you only pay the government fees. If you decide not to use a real trademark lawyer to file your application, […]
Here’s a dirty little secret: you don’t need to register your trademark to have limited trademark protection. As soon as you use a trademark in commerce, you have “common law” protection in it. The biggest downside to common law trademarks is that they are limited in geographic scope. You can only enforce it where you […]
So you just received a registration certificate for your trademark from the U.S. Patent and Trademark Office (USPTO). Now what? Another important form of protection for your trademark registration can be obtained from U.S. Customs and Border Protection (CBP). CBP is not only tasked with safeguarding America’s borders, but it’s also responsible for safeguarding America’s […]
The most common question we get is, “What is the difference between copyrights, patents, and trademarks?” People often use the terms interchangeably. Confusion abounds. Have no fear. Here’s a quick breakdown. A copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. […]
The minimum filing requirements for federal trademark applications are deceptively simple. The U.S. Patent and Trademark Office (USPTO) will grant a filing date to an application that contains all of the following: Let’s take a closer look at the first requirement. 1. The name of the trademark applicant An application to register a trademark must […]
Federal trademark registration provides important legal benefits such as a presumption of nationwide validity and the right to use the ® symbol. Federal registration can also be instrumental in enforcing rights with social networking services. Several of the services—such as Facebook, Instagram, and YouTube—suggest trademark holders first try to resolve the issue with the user […]
There’s good news and bad news when it comes to maintaining your trademark registration. The good news is that your trademark registration will last forever if properly maintained. The bad news is that proper trademark maintenance is hard to keep track of and even harder to explain. Essentially, you’ll need to periodically submit a few […]
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