What is trademark infringement? Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. What will happen if someone sues me for trademark infringement A trademark owner who believes its…
INTERNATIONAL TRADEMARK REGISTRATION Madrid Protocol The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks — the Madrid Protocol — is one of two treaties comprising the Madrid System for international registration of trademarks. The protocol is a filing treaty and not a substantive harmonization treaty. It provides a cost-effective and efficient way for trademark holders…
RESPONDING TO A TRADEMARK OFFICE ACTION The United States Patent and Trademark Office provide a trademark office action in the form of an official letter. The Trademark Examiner outlines the issues in the application that would require a resolution before the trademark can register. The issues can relate to the format of the application or…
TRADEMARK APPLICATION FILING FEES The cost of attaining a trademark varies depending upon the selected filing, which initial application form is used, and the international class selections. Each of these filing options have specific requirements that impact the fee amount. There are certain factors used to calculate the filing fee for an initial application, and you should…
If you have received an Office Action from an examining attorney regarding your application, you must respond within six (6) months of the issue date of the Office action, or your application will be abandoned. However, if your delay in responding to the Office action was unintentional, you may submit a petition to revive. If the…
Improper Subject Matter for Design Patents Source: USPTO.GOV A design for an article of manufacture that is dictated primarily by the function of the article lacks ornamentality and is not proper statutory subject matter under 35 U.S.C. 171. Specifically, if at the time the design was created, there was no unique or distinctive shape or…
An office action is an official letter sent by the USPTO. In it, an examining attorney lists any legal problems with your chosen trademark, as well as with the application itself. You must resolve all legal problems in the office action before we can register your trademark. In an office action, an examining attorney may…
ARE YOUR PATENT OFFICE MAINTENANCE FEES DUE IN 2020? Who can pay? Maintenance fees and any necessary surcharges may be paid by the patentee or by any person or organization on behalf of a patentee. What to include with payment? You must include both the patent number and corresponding application number with your maintenance fee…
Search the Trademark Before Using it 6.7 Million trademarks applications have been filed at the USPTO. Avoid using a name that is descriptive or already registered. Pick a Creative Trademark Focus on picking a trademark that is a reflection of your brand, culture, or values. The trademark database is likely to show that trademarks such…
What is a copyright? Copyrights protect original works of art. This includes architectural drawings, photographs, books, songs, movies, software codes, etc. Copyrights give their owner the exclusive right to reproduce and profit off the underlying work. “Creators are not required to register their original creative work before copyright exists because rights exist automatically when the…
