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 […]

Is Your Intellectual Property Truly YOUR Intellectual Property?

Today I’m going to go on a little bit of a rant about some misconceptions people have about intellectual property. There is a database directory of lawyers called AVVO that allows people to post questions of a general nature to lawyers. Then, different lawyers can choose to answer those questions. The questions are usually sorted […]

Intent to Use—Reserving Your Trademark Rights

I am frequently asked by clients who are thinking about starting their own companies and businesses: When can I apply for my trademark? In the U.S. Federal trademark system, you can file two different types of applications. One is the Actual Use Application, also known as the 1(a) application, which is where you have already been […]

Small Business 101: Deciding Your Trademark

One of the most critical decisions you must make in the early stages of your business is picking a trademark that will be effective and work well to promote your brand.   How do you decide what your trademark is going to be? The first step is to pick your brand name. You may have […]

How Can I Protect My Trademark?

People always ask me how they can protect their trademark. You protect your trademark by using your trademark. Now, assuming you’re entitled to use your trademark or brand name, because nobody else is using it for your type of goods or services, the way you develop rights and ownership is by using your trademark by […]

Want a Trademark? Make Sure It Doesn’t Already Exist

{Read in 4:40 minutes} So often I am asked, “How do I get a trademark?” There’s a very simple answer. First, you pick what you want as your trademark, and second, use it. Wait a minute. That sounds way too simple. Well, getting rights in a trademark is actually pretty simple. The tough part is […]

Trademarks 101: It’s All About the Brand

Trademarks are so much a part of our culture that we really don’t think about them too much. They’re ubiquitous. If I say a trademark is a brand, everybody knows immediately what I’m talking about, because it’s all about the brand, what the brand stands for, and the message that each brand is trying to […]