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…
Is your trademark federally registrable? Can you properly identify your goods or services? Can you identify the proper filing basis for your application? If you’re not sure how to answer these and other questions, please give us a call for a free initial phone consultation.
Trademark your business or product name – Intellectual property includes artistic and musical works, designs, images, literature and software. These help develop brand recognition and customer trust in a specific industry. Avoid copying other brands – The United States Patent and Trademark office refers to copying as “likelihood of confusion.” This exists if your trademark…
It is vitally important that you select or create a trademark that is both federally registrable and legally protectable. Avoid trademarks that are likely to be confused with similar a trademark. Essentially, a “likelihood of confusion” exists when 1) the marks of the parties are similar and 2) the goods and services of the parties…
Section 2(d) of the Trademark Act requires that the examining attorney refuse registration when an applicant’s mark, as applied to the specified goods or services, so resembles a registered mark as to be likely to cause confusion. In general, registration of confusingly similar marks to separate legal entities is barred by §2(d). However, the Court…
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…
