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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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Posted in Protecting Your Trademark from Infringement, Trademark Law | No Comments »

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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Posted in Filling out Your Trademark Application, Trademark Law | 2 Comments »

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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Posted in Filling out Your Trademark Application, Trademark Law | No Comments »

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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Posted in Filling out Your Trademark Application, Trademark Law | 1 Comment »

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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Posted in Filling out Your Trademark Application, Trademark Law | No Comments »

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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Posted in Conducting a Trademark Availability Search, Trademark Law | No Comments »

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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Posted in Conducting a Trademark Availability Search, Trademark Law | No Comments »

What is the Difference between a Trademark, Copyright and Patent?

Monday, March 19th, 2012

MARK TRADEMAN, TMIN NEWS ANCHOR:
Hello everyone. And welcome to the Trademark Information Network. I’m Mark Trademan, alongside Sandhya Mahajan, our investigative reporter, and Grant Gainsworth, our Senior News Analyst.

Here at the network, we are dedicated to bringing you the most up-to-date information that will help you apply to register your trademark and, if successful, keep that registration alive. Hope you’ll stay with us throughout the news cycle. Continue reading What is the Difference between a Trademark, Copyright and Patent? »

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Posted in Trademark Basics, Trademark Law | 2 Comments »

What is a Fanciful trademark?

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 owners throughout the United States.  Today, I will be answering the question: “What is a Fanciful Trademark?” Continue reading What is a Fanciful trademark? »

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Posted in Trademark Basics, Trademark Law | 1 Comment »

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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Posted in Conducting a Trademark Availability Search, Trademark Law | No Comments »

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Recent Attorney Speaking Engagements:
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  • 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
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  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
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  • 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
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  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
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  • 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
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  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan
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