The United States recognizes the rights of trademark owners who are the first to use a mark in connection with particular goods or services. These rights are called common law trademark rights and may be established solely by the use of a trademark in connection with goods or services in interstate commerce. You can acquire common law trademark rights even if …
USPTO Database Search v. Comprehensive Clearance Search
When you are considering adopting and registering a new trademark, one of your first steps should be to conduct a trademark search. The main goal of a trademark search is to uncover any potential conflicts that your trademark may face. This could potentially save you time, money and the loss of your trademark in the future. There are two main …
Trademark Symbols – When Can I Use TM, SM, ® and © symbols?
The ™, ®, ©, and ℠ symbols are ubiquitous. We see them every day on the websites we visit and on the products we purchase. While we may not pay much attention to them in our daily lives, they each serve a very important purpose and convey valuable information to the public. It is important to know the differences …
Defending a Trademark Opposition
What is a Trademark Opposition? A trademark opposition is a litigation proceeding before the Trademark Trial and Appeal Board (TTAB), in which a third party may object to the United States Patent and Trademark Office’s decision to register your trademark. During the trademark application process the examining attorney will review your application to determine whether they believe it is entitled …
The USPTO Requires Foreign Residents to be Represented by a US Attorney in all U.S. Trademark Matters
Effective August 3, 2019, foreign-domiciled U.S. trademark applicants, registrants and parties to U.S. Trademark Trial and Appeal Board (TTAB) proceedings will need to be represented by an attorney licensed to practice in the United States. Generally, a U.S. licensed attorney will not need to be appointed in an application that was filed prior to August 3, 2019. However, if an action is …
Amending to the Supplemental Register
In the United States, the two registers on which a trademark may be placed are the Principal Register and the Supplemental Register. Most applications are submitted for protection on the Principal Register. However, in certain instances, an examining attorney may provide an applicant with the option to amend their application to the Supplemental Register in order to overcome a refusal …
You Received a Trademark Office Action, Now What?
Have you received an office action from the United States Patent and Trademark Office (USPTO) in response to your submission of an application for U.S. trademark protection? Trademark office actions may be issued by a USPTO examining attorney for a number of reasons. The examining attorney may issue an office action to request amendments to the application, to request additional …
Forming a Business: The Importance of Trademark Clearance Searches
It is a common belief among prospective business owners that because a business name is available for registration with the relevant Department of State, that name is free and clear for use generally. This is a misconception. The Department of State in any state allows formation of a business entity as long as there is no other entity with a …
Velcro Fights Genericism Through Song
In an effort to save their brand from genericism, the team at Velcro recently launched a witty campaign urging people not to use the Velcro trademark as a noun or a verb. To view the video click here. A term becomes generic where it becomes the commonly used term for a good or service, for example, escalator (formerly known as …
Trademark Application Post-Filing Solicitations
Trademark application post-filing solicitations by private companies are very common and can result in an applicant unwittingly paying money to a non-USPTO entity. These private companies are not affiliated with the United States Patent and Trademark Office but their names tend to somewhat resemble the USPTO’s name. A few examples of these solicitations include requests for fees for publication of …
