Xavier Morales When filing a trademark application, the Trademark Office will require that you choose at least one international trademark class to identify the types of products or services that you plan to provide under your mark. The classifications help in organizing and categorizing the trademarks for easier management and identification. This article will provide a comprehensive … Read more
The terms “trade name” and “trademark” might sound similar, but they are distinctive in the kinds of protections they offer under the law. You do not necessarily hold a trademark on your trade name, though you can apply for one. Additionally, even if you register for a trade name, it does not mean that you … Read more
There are many memorable breakfast cereal slogans, from “They’re grrreat” to “Silly rabbit, Trix are for kids,” but few have reigned as long as the “Breakfast of Champions” tagline for Wheaties cereal. General Mills has held a trademark on that phrase since 1936, and it still appears on every bright orange box of Wheaties. Wheaties … Read more
The TV show The Apprentice was one of the biggest hits in TV history. Billed as “the reality show where you don’t win a date, you get a career,” it nabbed over 20 million viewers each episode. Celebrity seasons made it even more popular. The show cemented Donald J. Trump’s image as an entrepreneur and … Read more
Trademark vs copyright registration – what’s the difference? While both offer legal protections under the law, each protects different kinds of intellectual property. They actually have very little to do with one another. What a trademark protects A trademark protects a name, logo, phrase, or slogan that is used to identify and distinguish a product or … Read more
If you want to protect your company’s brand and identity, trademark registration is essential. Many business owners (especially small businesses) put off filing an application because they think the trademark registration process is too complex, or even unnecessary. It might be an involved process, but it can be broken down into four easy steps and … Read more
We have one-time IBM patent lawyer Peter Detkin to thank for the phrase “patent troll.” In Detkin’s time, the phrase almost always referred to the practice of buying low-value patents for the purpose of threatening nuisance litigation. The easiest way to define the phrase for today’s world is to say that it refers to any … Read more
When you apply for a trademark, you want your mark to be as strong as possible. Having a strong and unique mark can make it likelier that your trademark application will be approved. The strongest marks are words or phrases that are unique and that have been created or coined by the businesses that use … Read more
Clients often ask if it’s possible to file a trademark application if they have not yet started doing business under the proposed trademark name. The answer is YES. You can file what’s called an “intent-to-use” trademark application to begin securing your trademark rights even before you start doing business. What is an Intent-to-use Trademark Application? … Read more
After they have gone through the trademark process and possess a registered trademark, the most common question clients ask is, “How long does a trademark last?” The simple answer: Your trademark will initially last for six years, but you can maintain the registration forever with a bit of maintenance. (Source: USPTO) The United States Patent … Read more
The National Football League has several outstanding teams in the AFC West division, including the Kansas City Chiefs. The team was founded in 1960 under the name ‘‘Dallas Texans’’ by entrepreneur Lamar Hunt and was a charter member of the American Football League (AFL). In the spring of 1963, the team relocated to Kansas City … Read more
Don’t let that trademark certificate fool you. It might declare that you own trademark rights to a logo or name, but you can lose those rights just as easily as you acquired them. A trademark registration certificate from the United States Patent and Trademark Office (USPTO) is really just a single step in the journey … Read more
Once your trademark is registered with the United States Patent and Trademark Office (USPTO), it is vitally important to take action against any potentially infringing uses of your trademarks. Early detection of potential trademark infringement is critical because the failure to properly defend your trademark rights could lead to a loss of distinctiveness, which is … Read more
Most people have heard of both trademarks and patents, but most people don’t often know the difference between the two. Trademarks and patents share some similar features, such as both being considered intellectual property. With both of them, the exclusive rights of ownership and use are tied to whoever registers them first. But beyond this, … Read more
If you aren’t careful about your trademark, it can cost you, both literally in the wallet, and mentally in stress and time. There are several things you need to know about when it comes to protecting your company’s valuable name and/or logo. If you’re thinking about going through the trademark registration process in the near … Read more
The trademark registration process is not necessarily a difficult one. It can, however, prove exhausting. From the time you file an application it takes about 10 months to receive approval–if everything goes smoothly. If you make a single mistake on your application, the registration process could take longer than a year. Since the United States … Read more