What Happens If Someone Opposes My Trademark?

As I’ve written before, the first thing a brand owner wishing to register their trademark with the United States Patent and Trademark Office (USPTO) should do is APPLY. Once the fee is paid, it’s assigned to an examining attorney who examines the records to see if there is a likelihood of confusion with other trademarks […]

Trademarks: Using the ® Symbol With Secondary Meaning

Over the last few months, I’ve talked about different types of trademarks; there’s the brand name (also known as the wordmark), logos, and combinations of brand names and logos. There are also other types of trademarks that we don’t think about too often but are pretty ubiquitous.

Using the ® Symbol: Trademarks Part 2

We’ve talked about when you can use the ® symbol with your trademark — that you can use it after you have been registered with the United States Patent and Trademark Office. But what most people don’t know is that there are two registries for trademarks that the federal government keeps.

Market Trademarks: Which Symbol Can I Use After My Logo?

A question I frequently get from clients who are looking to develop a brand for a product or service is, “Can I use ™? Can I use the Ⓡ?” The answer to that is very specific, particularly when it comes to the Ⓡ.

Attorney-Client Confidentiality and Privilege 101

Every so often, when I’m expecting a client to walk in the door for their first appointment, I’m surprised to see two people walk through the door. The first thing I ask is to be introduced. Then I ask them what their relationship is. That may seem intrusive and nosy — especially when I ask […]

Guidelines for Choosing a Trademark

I’m often asked the question, “How do you choose a trademark?”  There are some specific rules on how to choose a good trademark. I’m not going to talk about the marketing aspect of whether a name inspires people to purchase your product or engage you for a service — I’ll leave that to the marketing […]

Help! Do I Need a Trademark [or] Service Mark [or] Wordmark?

Trademark law is complicated. I hope to help educate and simplify very dense explanations through my blog articles to clients, colleagues, and the public. In a recent conversation, I was asked:  “If someone owns a “service mark” on a particular phrase, can someone else own the “word mark” on that same phrase, too? For example, […]

Your Trademark Application Was Rejected Due to Likelihood of Confusion. What Now?

As I’ve explained previously, most trademark applications go through the Trademark Office system without being rejected, unlike most patent applications. 

Help! My Trademark Application Has Been Rejected!

Every so often, I get a phone call from somebody who says, “Help! My trademark application was rejected by the United States Patent and Trademark Office [USPTO].”  Rejections of trademark registration applications are more unusual than patent application rejections. As I’ve explained in previous articles it is normal and expected that a patent application will […]

How Long to Get a Trademark Registered?

Many times clients ask me, “How long will it take for me to get my trademark?” The real answer is you get your trademark when you start to use it, and I’ve explained that in other posts.  Today I’m going to answer the real question, “How long will it take me to get my trademark […]