If you are looking for answers to the big trademark questions, we have resources that provide in-depth answers:
Yet many business and intellectual property owners have deeper questions about trademark protection. In this section we cover an array of trademark questions. Sometimes there are no straightforward answers. In those cases we explore the question from many angles to show how the issues can affect you.
As soon as you start using your mark in commerce, you establish what is known as “Common Law Trademark Rights.” But in total, it will take 12 – 18 months for an official trademark registration with the USPTO. As a trademark attorney, I get this question a lot. “How long does it take to get a … Read more
Your logo is more than a piece of design; it is the visual representation of your brand and everything it stands for. It is the flag that your customers rally around, and it serves as the key distinguisher between your business and your competitors.
Probably the most common question that I get from prospective clients is: “How much does it cost to trademark a name?” At the Law Office of Xavier Morales, we offer a Comprehensive Trademark Search & Filing Package which includes both the Trademark Search to make sure there are no conflicts or issues with your name, … Read more
In the era of digital branding, I hear a question more and more frequently: “Should you trademark your blog name and logo?” The internet has effectively lowered the bar to entry for many fields, spawning new brands at unprecedented rates. This rise prompts bloggers, big and small, to contemplate the legal protections they need for … Read more
Companies don’t pay money and subject themselves to the trademark registration process for no reason. Owning a federal trademark registration provides a business with several advantages that can help it competitively and legally. It all starts with the right of ownership. 1. You legally own the mark A federal trademark registration provides the owner with … Read more
If you own the trademark registration for a particular term or phrase, you might feel that you also have the rights to the corresponding domain name. For example, if you are a software manufacturer that owns a trademark registration for the name “PHILOSOPHY PROGRAMS,” then you should have the rights to PHILOSOPHYPROGRAMS.COM, right? Not necessarily. … Read more
If you want to ace a test in school, what do you do? You prepare in advance. The same principle applies to your U.S. trademark application form. If you want the greatest chances for approval with the United States Patent and Trademark Office (USPTO), you should prepare ahead of time. The more you understand what … 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
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
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
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
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
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
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
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