Copyrights, trademarks, and patents are different types of intellectual property. It is important to know the differences between them in developing a protection strategy. What is a Copyright? A copyright is a type of intellectual property that protects original creative works. A copyright owner has the exclusive right to reproduce, adapt, publish, perform, and display the original works, as well …
How to Avoid Trademark Infringement
A trademark can be one of the most valuable assets of a business. If you have infringed on a third party’s trademark rights, it can have a significantly negative impact on your business. It is important to understand what constitutes trademark infringement to know how to avoid it and take proactive steps to prevent it. What is Considered Trademark Infringement? …
How to File a UDRP Complaint
Who Can File a UDRP Complaint? A Uniform Domain Name Dispute Resolution Policy (UDRP) complaint may be filed by a trademark owner who is involved in a domain name dispute. A domain name dispute may occur when there has been third-party use of a trademark within a domain name that is identical or confusingly similar to a trademark owner’s mark …
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 …
Everything You Need to Know About Domain Name Disputes
A website is often a natural extension of a business’ offline presence. A domain name that reflects a business name or trademark serves as an important tool to attract customers and build brand recognition. As a result, domain name registration is typically part of a branding and marketing strategy. Abusive registrations of domain names by third parties to monetize on …
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 …
