Common Trademark Questions

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.

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call toll-free at 1-866-618-2517 or ask a question via email.

How Long Does it Take to Get a Trademark?

Last Updated: 10/12/2017 A common question that I frequently get in my trademark law practice is, “How long does it take to get a trademark?”  The answer may surprise you – in total, it will take roughly 13 to 18 months to get a trademark. If you add up the initial 4-6 months to review … [Read More]

Is Your Business Name Cliché?

Choosing a business name is one of the most important decisions that an entrepreneur can make. The name of a company forms the foundation that all other factors build upon. A weak name can set up an entire business for failure, regardless of its products or services. Avoid overused clichés and choose a name that … [Read More]

Is It Trademark Infringement to Target a Competitor’s Name on Adwords?

To date, the purchase of competitors’ trademarks as keywords that activate sponsored links has spurred more than 100 trademark infringement lawsuits in the U.S. and Europe. In all but a handful of those suits, courts have ruled in favor of the defendant, leaving plaintiff trademark owners largely without recourse. However, for many business owners, the … [Read More]

What are Trademark Licensing Agreements, and Who Benefits from Them?

Imagine you own a t-shirt manufacturing company called Bob’s Snazzy Shirts. You’ve worked hard to make Bob’s the region’s leading producer of t-shirts. After years of slow growth, you’re finally ready to make your company a national contender. You just need that one special shirt design to take you there. One night you go to … [Read More]

Do I need to trademark my business name?

All businesses benefit from trademark registration. Does it follow that all businesses should trademark their names? In many instances yes, companies should trademark their names. It provides a level of protection at the federal level. But it is not necessarily the top priority for certain types of businesses. So do you need to trademark your … [Read More]

Does a Trademark Registration Give You Rights To the Corresponding Domain Name?

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. That is, 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]

Should You Trademark Your Blog Name?

Updated: 9/22/2017 A question I hear more and more frequently: “Should you trademark your blog name?” There are a few ways of thinking about this question. Think about your favorite brand. Did it exist 10 years ago? Did it even exist five years ago? With countless new ways to reach an audience of millions, new … [Read More]

Your Trademark Application is Filed: Now What?

As Tom Petty sang, the waiting is the hardest part. After you put time, effort, and money into filing your trademark application you want to hear something, anything, from the United States Patent & Trademark Office (USPTO). But in reality, not hearing anything bodes better for your registration. Once they receive your application, along with … [Read More]

What Do You Need To Complete the U.S. Trademark Application Form?

If you want to ace a test in school, what do you do? You prepare in advance. The same principle applies for your the U.S. trademark application form. If you want the greatest chances for approval, you should prepare ahead of time. The more you understand what the application contains, the more completely you can … [Read More]

What Is the Difference Between a Trade Name and a Trademark?

The terms trade name and trademark might sound similar, but they are distinctive in the kinds of protections they offer under 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 are … [Read More]

Abandoned Trademark Applications: Why Did It Happen and What Are My Options?

Filing for a trademark is a necessary step in marketing and branding your organization and products. At the same time you also step into a world of bureaucracy and hard deadlines. Skip a step or blow a deadline and you might find a nasty notice from the United States Patent and Trademark Office (USPTO) in … [Read More]

Should You File for a Trademark before Your Product Is Market-Ready?

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]

When Do I Need a Trademark?

If trademarks aren’t required by law, does your company even need one? The trademarking process consumes both time and money, so many companies might think they can avoid it altogether. In many cases, this is perfectly true. Not every business truly needs a trademark. To decide if you need a trademark you must first understand … [Read More]

Trademarks vs. Patents: What’s the Difference?

Most people are aware that trademarks and patents are different. However, not many understand exactly how. Let’s start with the obvious: trademarks and patents share similar features. They are both considered intellectual property, in that the ownership and use is tied exclusively to whoever registers them first. But beyond this, trademarks and patents are actually … [Read More]

Should I Hire a Trademark Attorney?

If you ask an attorney whether you need an attorney, what answer do you expect? 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 U.S. Patent and Trademark Office (USPTO) … [Read More]