Archive for the ‘Trademark Law’ Category

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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Intellectual Property: Trademark Rights

Thursday, March 22nd, 2012

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

My name is Enrico Schaefer and I specialize in trademark and intellectual property issues.  Today, we’re going to be talking a bit about intellectual property and trademark rights.  Some of the questions we receive from clients and prospective clients all the time are, “what is the difference between the various types of intellectual property?”  “Is a trademark intellectual property?” “What is the difference between a trademark and a copyright?”  “What is the difference between a patent and a trademark?” “What is the difference between a patent and a copyright?”  Today, we’re going to have a little bit of an intellectual property primer and we’re going to talk a little bit about the differences between various forms of intellectual property and, in fact, what is intellectual property.  Today, we’re going to be dealing with a very broad topic of IP. Continue reading Intellectual Property: Trademark Rights »

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Trademark Infringement: How to Protect Your Trademark

Thursday, March 22nd, 2012

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

Welcome to Trademark Law Radio, my name is Trademark Infringement Attorney Enrico Schaefer.  I work for a law firm that specializes in all trademark matters, trademark law, trademark registration, and, of course, trademark licensing and trademark infringement.

Today, we are going to be talking about trademark infringement.  It is obviously a hot topic because the internet makes trademark infringement very easy.  It’s as easy as creating a website or domain name and then allowing someone to infringe on it by registering a similar domain name or using your trademark in their web page.   And let’s face it, in today’s world, trademark infringement is rampant and you need to protect your trademark, especially if it’s registered, if, in fact, you are going to build value around that trademark. Continue reading Trademark Infringement: How to Protect Your Trademark »

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Trademark Basics: How to Protect Your Name as a Trademark

Wednesday, March 21st, 2012

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

Welcome to Trademark Law Radio.  My name is Trademark Attorney Enrico Schaefer and today we are going to be talking about name and brand protection.

If you are going to start a new company, launch a new product, a new service, a new slogan or new logo, you are going to need to protect that.  And what I mean by protect the logo, the name or the mark, is that you want to be the only one in the world that can use that brand that you have picked for your company or product or service.  You want to be the only one in the world that gets to use that for your goods and services.  So, if you are a faucet company and you are manufacturing kitchen sinks and similar things, you want to be the only one who gets to be Delta Faucets.  If you are an airline, you want to be the only one that gets to be Delta Airline.  Now, Delta Faucets and Delta Airline could co-exist in the trademark world because no one is likely to be confused about who is who. Continue reading Trademark Basics: How to Protect Your Name as a Trademark »

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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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After You Register Your Mark, You Need to Maintain the Mark with the USPTO?

Monday, March 19th, 2012

MARK TRADEMAN, TMIN NEWS ANCHOR:
Congratulations on the registration of your trademark! You’ve probably invested a lot of time and money into getting this registration, so don’t forget to take the actions necessary to protect your valuable asset.

Trademark rights can last forever, but in order to keep your federal trademark registration you must continue to use the mark in commerce and file the required maintenance documents at regular intervals. The first maintenance document must be filed between the 5th and 6th years after registration and the remaining documents must be filed between the 9th and 10th years after registration, and then every 10 years thereafter. We’ll talk more about that in a moment, but be aware: Failure to file these documents will result in the cancellation, or loss, of your federal registration. Continue reading After You Register Your Mark, You Need to Maintain the Mark with the USPTO? »

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I have Achieved Trademark Registration: How Do I Protect My Trademark from Third Party Infringement?

Monday, March 19th, 2012

MARK TRADEMAN, TMIN NEWS ANCHOR:
Thanks for staying with us in our continuing coverage of critical application issues for trademark filers. As before, if you want to avoid delays in the prosecution of your application, you must pay attention to the following important tips.

First, remember that registration is not instantaneous or guaranteed. Each application must be reviewed for legal requirements and this takes time. Although your application usually will begin to be examined within 3 months, final disposition may be months or years down the road. You may need to respond to refusals or requirements issued by the examining attorney handling your case, submit additional paper work, and pay additional fees. This is especially true if you filed under the Intent to Use basis. You will be required to submit additional forms and you will be required to pay additional fees. Continue reading I have Achieved Trademark Registration: How Do I Protect My Trademark from Third Party Infringement? »

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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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Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
  • DOMAINfest 2011, Santa Monica, California
Recent Attorney Speaking Engagements:
  • South By Southwest 2010 SXSW Interactive Conference, Austin, Texas
  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan