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…
How do I know whether I’m infringing? To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are “senior” to the defendant’s), and that the defendant’s mark is likely to cause confusion in the minds of consumers about…
LET US HELP YOU GENERATE YOUR NEW TRADEMARK Powered by artificial intelligence (AI), we utilize a naming tool that provides creative name suggestions based on user criteria, simultaneously analyzing names against registered trademarks. It accelerates the naming process while reducing the risk of clearance barriers. Create with confidence, quicklyThe AI algorithm generates creative name suggestions…
A Sound Trademark Identifies and Distinguishes a Product or Service Through Audio Rather Than Visual Means A Sound Trademark Identifies and Distinguishes a Product or Service Through Audio Rather Than Visual Means Sound marks function as source indicators when they “assume a definitive shape or arrangement” and “create in the hearer’s mind an association of…
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…
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…
