Archive for the ‘How to Register a Trademark’ Category

How to Register a Name as a Trademark

Monday, June 25th, 2012

If you want to protect your name as a trademark, there a numerous steps that you need to go through. It is not as simple as simply filling out a form. If you do anything incorrectly on your trademark registration application, your trademark, even if it gets registered, because it’s of course based on the information that you and your trademark attorneys provide, could be invalid. So you could have spent all that time and money for nothing, because somebody challenges your trademark down the line and it turns out you provided some misinformation, either intentionally or innocently. Boom, your trademark is invalid.

Continue reading How to Register a Name as a Trademark »

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What is Trademark Registration and How Do You Do It?

Thursday, May 17th, 2012

Trademark registration is the process by which you file an application to the USPTO, the United States Patent and Trademark Office, asking the United States government to, essentially, acknowledge and validate that the word or brand or logo that you are submitting is, in fact, considered trademark worthy under U.S. law.

Continue reading What is Trademark Registration and How Do You Do It? »

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What is a Trademark Drawing?

Monday, March 19th, 2012

SANDHYA MAHAJAN, TMIN INVESTIGATIVE REPORTER:
Thankfully, this is one of the easiest parts of the application. But don’t relax too much; it is critical that you complete this section correctly.

The depiction of the mark you submit now is what will appear on your registration certificate once the application process is completed. And remember: you cannot add or subtract words and designs to the mark throughout the process, except in very rare circumstances. So, the mark you submit now is what will register later. And you want it to look perfect, right?

Before we talk about some of the important issues in this section, you should know a quick definition. Sometimes you will see official documents that refer to a mark “drawing.” Don’t be alarmed; there’s no sketching involved… The word “drawing” merely refers to a “depiction of the mark.” Continue reading What is a Trademark Drawing? »

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What is a Trademark Specimen Acceptable to the USPTO

Monday, March 19th, 2012

MARK TRADEMAN, TMIN NEWS ANCHOR:
Like most applicants, you’re probably wondering, “What in the world is a specimen?” The easiest way to think about it is this: a specimen shows how you actually use the mark in commerce in connection with your goods and services.

For example, if you have applied for goods, you’ll want to submit a picture of the mark on a label or hang-tag that is attached to the goods. Packaging that shows the mark is also acceptable.

By way of illustration, let’s say your goods are “t-shirts.” You could submit a digital photograph of the mark appearing on a hang tag. You could also submit a digital photograph showing a close up of the mark appearing on the t-shirt label. Continue reading What is a Trademark Specimen Acceptable to the USPTO »

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What is the Basis of My Trademark Filing: Understanding Use in Commerce

Monday, March 19th, 2012

SANDHYA MAHAJAN, TMIN INVESTIGATIVE REPORTER:
Not sure what a filing basis is or what yours might be? Confused by Section 1 and Section 44? Thinking you might just click on all the buttons and hope for the best?

Never fear. Keep it tuned right here and I’ll give you a quick breakdown on what you need to know to work your way through this section.

For our purposes, there are two sections you need to be aware of: Section 1 and Section 44. Section 1 is overwhelmingly the most common filing basis, as it covers the use and intended use of trademarks in interstate commerce, territorial commerce involving a U.S. territory, or commerce between the United States and a foreign country. Continue reading What is the Basis of My Trademark Filing: Understanding Use in Commerce »

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Identifying the Proper Goods and Services for My Trademark Registration

Monday, March 19th, 2012

MARK TRADEMAN, TMIN NEWS ANCHOR:
Confused about how to identify your goods and services? You’re not alone. Stay tuned for some important tips and keep in mind…

Correctly identifying your goods and services is one of the most critical aspects of your application. A failure to correctly list the goods and services with which you use the mark may prevent you from registering your mark. And you will not be given a refund.

If you’re asking what an “identification” is or what is meant by “goods and services,” think about it this way. What do customers purchase from you? An actual physical product that bears your trademark? Or do they hire you to perform an activity for them? If it’s products, you’ve got goods. If it’s activities, you’ve got services. Continue reading Identifying the Proper Goods and Services for My Trademark Registration »

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Who Should I Identify as the Owner of My Trademark Registration?

Monday, March 19th, 2012

MARK TRADEMAN, TMIN NEWS ANCHOR:
I know, I know, it’s a “name” section, right? It should be easy. Wrong. More applicants incorrectly fill out this section than just about any other. And that’s not good. If this section is incorrect, your application may be void and you will have lost valuable time and your non-refundable application filing fee.

Remember that the Owner of the Mark is not necessarily the name of the person filling out the form. The Owner of the Mark is the legal entity that owns the mark. It could be an LLC, a corporation, or perhaps an individual citizen. Let’s take a look at some common examples. Continue reading Who Should I Identify as the Owner of My Trademark Registration? »

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How to Perform a Trademark Search and Obtain a Trademark Availability Opinion

Monday, March 19th, 2012

MARK TRADEMAN, TMIN NEWS ANCHOR:
Hello, everyone, and welcome to a special edition of “Trademan’s Trademark Talkback.” Where you ask the questions you want and we give you the answers you need. Thanks for all your e-mails, texts, video chats, and everything else you send in; keep ‘em coming. We’ll try and take more throughout the show. With me, as always, is our Senior News Analyst, Grant Gainsworth, as well as our very special guest. You know her as an author, an educator, and a frequent contributor to this program, Professor Christina Graham-Lawson. Professor, welcome back.

CHRISTINA GRAHAM-LAWSON, PROFESSOR OF LAW:
Thanks, Mark. Happy to be back.

TRADEMAN:
Well, let’s get right to it. First up: Janet in Springdale, Arkansas e-mails, “The USPTO recommends doing a ‘search’ before filing a trademark application. What does that mean?” Professor, would you like to take this one? Continue reading How to Perform a Trademark Search and Obtain a Trademark Availability Opinion »

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How to Correctly File a Trademark Registration

Monday, March 19th, 2012

MARK TRADEMAN, TMIN NEWS ANCHOR:
Refusals. Delays. Loss of time and money. Usually leading to the death of a trademark application. That’s the report we’re getting from the Trademark Office at this hour. If you fail to search for conflicting marks before filing, improperly fill out the application, or fail to submit the proper supporting documents, you may create major deficiencies in your application. Take a look.

DAVEY V., MUSICIAN:
Yeah, I didn’t really know what I was doing. But, I’m in a band with some friends and we wanted to protect our band name. So, I got on-line after a show one night and filled out the application. Um, but doing it in a rush like that was a mistake because I wasted a year and 325 dollars. Did you know that fee was non-refundable? Continue reading How to Correctly File a Trademark Registration »

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Why Trademark Availability Assessments Make Sense

Friday, January 13th, 2012

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

This is Brian Hall, a trademark attorney with Traverse Legal, PLC, a law firm representing trademark applicants and owners in the enforcement of their trademark rights and defense of their trademark rights throughout the United States.  Today, I will be answering the question of why a trademark availability assessment makes sense. Continue reading Why Trademark Availability Assessments Make Sense »

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