Xavier Morales When applying for a federal trademark, you do not, repeat, do not need an attorney. The U.S. Trademark Electronic Search System (TESS) is freely available to anyone. You can file your trademark application online at the United States Patent and Trademark Office (USPTO) website. Everything you need is available for free, without the need for … Read more
The idea of a superhero is longstanding in books, paintings, movies and, of course, comic books. When you think of a superhero, you might think of Captain Marvel, or you might think about someone who is unusually brave. If you’re going to write about a superhero, however, you will have to be sure you don’t … Read more
For better or worse, TASER is one of the most famous names in stun guns. Many people routinely use the terms “to taser” or “tasering” when talking about the use of nonlethal force by police officers. But it’s not a generic word. TASER is an acronym and a trademarked brand for a particular type of … Read more
Would you submit a job application without first researching the company? In the same way, you shouldn’t file a trademark application without first researching the process. Understanding the steps involved will make the process much smoother, giving you an easier, and cheaper, path to a federally registered trademark. (Research is the first of the four … Read more
In this article, we explain the process of renewing a trademark registered with the United States Patent & Trademark Office (USPTO), which is essential to maintain federal trademark rights. It covers the two essential forms: Declaration of Use under Section 8 and Application for Renewal of Registration under Section 9, as well as the timelines … Read more
The integrity of law relies on the continued resolution of new challenges, and the present landscape of trademark law offers plenty of that. As the legal facility changes, new channels of commerce and an increasingly global economy will continue to push its evolution and adaptation into fascinating new arenas. Here are ten hot topics keeping … Read more
You probably see the three major trademark symbols everywhere, but do you know what they mean? The ®, ™, and ℠ symbols might seem familiar, you likely seem them in superscript all the time. But the “TM symbol”, “SM symbol” and “R symbol” have different uses and afford different legal protections to intellectual property. You … Read more
Granted, the title above is oxymoronic (just to be clear, stealing is illegal), but it does point to an important truth. Even after your trademark application has been approved, people can challenge and steal your intellectual property, using legal means. The reasons this is possible is that approved trademarks do not come with absolute ownership. … Read more
When is the best time to file a trademark application? For young businesses that haven’t yet broken into the market, registering a trademark may seem like an expensive inconvenience. Why bother registering when your product is not ready? There is one good reason to register your trademark right away: delaying your application increases the risk … Read more
Quick answer: A trademark is a word, phrase, symbol, or logo that is used to brand, identify, and distinguish a product. A service mark (or servicemark) is a word, phrase, symbol, or logo that is used to brand, identify, and distinguish a service. While this might seem straightforward enough, there are a few intricacies to iron out and … Read more
Target has become ingrained in the American consciousness, with a whopping 75% of Americans living within 50 miles of a Target store, but that wasn’t always the case. Target began in the early 1960s when Dayton Company opened a discount store in Roseville, Minnesota. The founder of the Dayton Company (established in 1902), Douglas Dayton, … Read more
The Subway logo is bright green and yellow; those two colors emphasize the freshness and positive feelings the brand has tried to emphasize from its early days. Subway has a reputation as the “healthy” alternative in the fast-food universe, and its bright, dynamic logo is an important part of that image. Start of Subway In … Read more
To protect your brand, one of the first things that you should do is to trademark your logo, slogan, and/or name. You can do this by filing a trademark application with the United States Patent and Trademark office. Trademark applications can be filed online through the website of the USPTO. Before you file an application, … Read more
Protecting intellectual property and trademark registration is a major concern for entrepreneurs. Competition is stiff in nearly any market, and it takes only a few smart moves for slick competitors to steal a good idea and establish it as their own. Trademarks are one way for entrepreneurs to distinguish their products and establish a loyal … Read more
All businesses benefit from trademark registration. However, does it follow that all businesses should trademark their names? In many instances yes, companies should trademark their names as it provides additional protection at the federal level. But it is not necessarily the top priority for certain types of businesses, like startups that might prioritize other aspects of setting up … Read more
The sport industry is no stranger to trademark law. Successful athletes and universities have adopted strict policies in order to protect reasonable revenue streams from dilution or compromise. While the extent of registered marks between universities varies, Penn State rests among the more extensively defined of institutions with comparable licensing programs. In the process, the storied … Read more