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 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 …
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 …
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 …
Common Law Trademark Rights
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 …
