Certain sounds, that utilize auditory elements including music notes and voices, may be protectable under US trademark law. These marks are referred to as sound marks. A sound mark refers to distinguishing audio that companies or businesses use to set themselves and their products apart in the marketplace, similar to a word or design trademark. Some well-known sound marks include the …
Who Should Be Listed as the Proper Owner of a Trademark Application?
A trademark application must properly identify the correct owner of the trademark. Not doing so may invalidate the application or resulting registration. There may be no remedy for listing the wrong owner of a trademark on an application, other than starting the entire process over. Whether you are an individual, own your own business, are in a partnership, or belong …
The Scope of Trademark Protection for Word Marks vs. Logos
It is a common misconception that applying for trademark protection for a logo (referred to as a stylized mark) also provides full protection for any text contained in the logo. While there is some protection for the text contained in a logo, there are some limitations. An application for a stylized trademark provides protection for the design elements as well …
What is the Madrid Protocol?
An international treaty known as the Madrid Protocol makes it easier to register trademarks in numerous jurisdictions with a single application. The Madrid Protocol is managed by the World Intellectual Property Organization (WIPO) and provides companies and individuals with a simple and affordable option to safeguard their trademarks across multiple countries. How Does the Madrid Protocol Work? The Madrid Protocol …
What to Do If Your Trademark is Rejected
If a USPTO examining attorney believes that your trademark does not comply with the trademark registration requirements, your trademark application will be rejected. This could be for a number of reasons, such as a likelihood of confusion between your mark and another registered trademark, your mark failing to function as a trademark, or your mark being perceived as descriptive or …
Six Common Mistakes to Avoid When Registering a Trademark
Before a trademark application is submitted to the United States Patent and Trademark Office, a large amount of time and money may have already been invested into the selection of the mark. The process of trademark registration can take 18 months or more. Mistakes on a trademark application can, at best, cause further delay and require additional expense, and at …
Five Reasons Why Your Trademark May Be Rejected
Trademark applications are reviewed by an examining attorney at the USPTO before they are approved for registration. If the examining attorney finds reasons to refuse your application, they will issue an Office Action with details on the reasons for refusal. We have described 5 common reasons for refusal of trademark applications below. 1) Likelihood of Confusion Likelihood of confusion is …
Four Mistakes That Can Render Your Trademark Application or Registration Void
While the trademark process may seem quite simple, especially in comparison to the patent process, there are quite a number of traps for the unwary or unrepresented applicant to fall into. If made, some of these mistakes are fixable, but unfortunately, some are not and may require starting the application process from the beginning. In this article, we discuss those …
A Comparison of Trademark Registration in the U.S. and China
By Sejal Rajan and Allen Zhou of Jiaquan IP Trademark registration procedures and requirements often vary from country to country. Being knowledgeable of the procedures of a country in which you seek trademark protection helps to ensure that your trademark registrations are granted and maintained. This chart provides a helpful comparison of U.S. and China trademark requirements. United States China …
What’s in a Name? The Dos and Don’ts of Selecting a Trademark
Whether you are launching a new business or adding a new brand to your existing business, selecting the right trademark can have a great impact on its success. A trademark is not just the name of your business and brand, it is a source identifier. It has the potential to quickly convey to a customer information about what you are …
