Posts Tagged ‘trademark registration’

How Do You Trademark a Name in the US? – YouTube Video

Monday, July 7th, 2014

The process of trademarking a brand name may sound like a relatively easy process.  However, there are crucial steps that need to be considered and/or completed before, during and after the application process.  Some of these things include understanding what the factors are for determining the filing fee, knowing how to respond to any possible Office Actions filed by the Examining Attorney during the application process, and taking the proper steps to protect your trademark once it is filed.  This video gives a good overview of the basic steps which need to be done to trademark a brand name, but there are other specific details that also need to be covered during the process.  Failing to be prepared for such potential issues could lead to the denial of your application or a trademark infringement dispute.  The attorneys and staff at Traverse Legal have extensive experience in the entire process of trademarking a brand name and can help you successfully get your brand name trademarked. 

Hi, I’m Kiyla Fenell, business expert with UltimateBizSystems.com.  A frequent question I get in my line of work is how to trademark a name?  So today, I’m going to give you my best advice on how to protect your intellectual property from copycats that might try to steal your work.  The first thing that you need to know is a trademark is a brand name.  There are universal symbols that are used to identify a brand name has been taken.  The very first is the ‘R’.  The ‘R’ means that the trademark has been registered.  Second, is the TM if it is not.  If you currently using a brand name, you can already begin to use the TM.    Continue reading How Do You Trademark a Name in the US? – YouTube Video »

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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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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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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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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 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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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