Understanding a Trademark Specimen of Use
Frequently Asked Questions about Basics, Timing, Sufficiency and Reasons for Rejection of a Trademark Specimen When will I have to provide a specimen of use for my Trademark? At some point in the life of a trademark, the trademark owner must submit a specimen of use evidencing use of the trademark in commerce. Specimen of […]
What are the Steps to Obtaining a Federal Trademark Registration?
How to Obtain a Federal Trademark Registration To obtain a Federal trademark registration, the process is initiated by completing and submitting a Federal Trademark Application with the USPTO. The trademark application identifies the desired trademark, owner of the trademark, the particular goods and services that will be or are already in use with the trademark. […]
What is the Difference between a Strong and a Weak Trademark: How is the Strength of a Trademark Determined?
There are strong trademarks and there are weak trademarks. The relative strength of a trademark lies on a spectrum that has fanciful marks at one end and generic marks at the other end. Specifically, the entire spectrum consists from strongest to weakest, Fanciful, Arbitrary, Suggestive, Descriptive, and Generic. The first three are registrable immediately. The […]
How can Two Different Owners Have a Federally Registered Trademark for the Same Word or Mark?
“Trademarked a Word” Often, there is a misconception that has “trademarked a word”. Federal Trademark Registrations are not granted without identifying particular goods or services used with the mark. And, a second owner can co-exist for the same mark, if the use of the same mark is in association with different goods or services. The […]
What is the Difference Between TM, SM and ®?
The Use of Different Trademark Marks Only a Federally Registered Trademark can use the coveted “circle R”, or ®. That is, it is improper under the law to use the “circle R” unless and until your trademark is Federally Registered. If a trademark is Federally Registered, it is an important deterrent to infringement to use […]
What are International Classes of Goods and Services?
Definition of International Classes The Trademark Office of the USPTO (and the trademark offices generally around the world) classify all of the different goods and services into forty-five different International Classes. Where this is of significance in the application process is that when an application is filed and examined, the Government filing fees are related […]
How is a Trademark Different from a Domain Name or an Approved State Corporate Name?
Approval of a domain name, and approval of a corporate name by the Secretary of State of a particular state, does not, in and of itself confer trademark rights, nor does it mean that you can use that name in association with your goods or services. Neither domain name registration nor corporate name registration processes […]
What Can I Trademark?
Examples of Indicator of Source The short answer is virtually anything that functions as an indicator of source. Among other examples, common examples include items such as a word, a logo, a slogan, a sound, a color, product packaging and a product configuration. A word mark, may be, for example, XEROX, APPLE, COKE, FORD. A […]
I have Filed a Trademark Application and Received an Office Action or a Rejection, What can I do?
The Steps to Follow if Your Trademark Application was Rejected Contact a Trademark Attorney if you receive an Office Action or a rejection. That is the easy answer, but again, not every rejection is the same. Typically, there are different stages of the process, there is typically a first, non final Office Action and a […]
Do I Need to Sell a Good or Sell a Service to Obtain Trademark Rights?
Yes. A clever name or slogan or logo without the sale of goods or services is not a trademark. To obtain a Federal Registration, meaningful usage (as opposed to a token use) through interstate commerce must be proven through submission to the USPTO. There is a requirement of sales through interstate commerce, that is, commerce […]
