Madrid Protocol vs. Conventional Priority: Which is cheaper for foreign applicants to register marks in the US?

Cost of Madrid Protocol Application The Madrid Protocol can be a cost-effective way for trademark owners to obtain international registration through a centralized system, especially if registration is sought in several countries. What if an owner of a foreign trademark application wants to register in the U.S. alone? Will the Madrid Protocol provide non-U.S. companies with a less expensive option for […]

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What is an incontestable trademark registration?

What is an incontestable trademark registration? A federal trademark registration on the Principal Register may become incontestable after five years. An incontestable registration provides its owner with certain rights and advantages. How does a trademark registration become incontestable? Initially, the trademark must have issued on the Principal Register as opposed to the Supplemental Register. The owner must “maintain” […]

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When and how long is the grace period for renewing a trademark registration?

A federal trademark registration can last indefinitely provided that the owner diligently maintains the registration. Such post-registration deadlines include a first deadline at the sixth (6) year anniversary of the registration date, a second deadline at the tenth (10) year anniversary, and every ten years thereafter. A six-month grace period is available after said deadlines for […]

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How can I get U.S. Customs to block the import of infringing products?

Making US Customs Your Ally An owner of a federally registered trademark or copyright can make U.S. Customs an ally in blocking the importation of infringing goods. Known as the Intellectual Property Rights (IPR) enforcement program of U.S. Customs and Border Protection (CBP), this program enables IP owners to record their U.S. trademark and copyright registrations with […]

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What are differences between the Principal Register and Supplemental Register?

Supplemental Register vs. Principal Register By default, most trademark applications seek registration on the Principal Register. When an examining attorney determines that a mark is descriptive and ineligible for registration on the Principal Register, the Supplemental Register might be a viable option if the mark has already been used in commerce in connection with the identified […]

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Can I apply to register one trademark, but use a different mark?

Registration vs. Use This question relates to two separate issues – registration vs. use – and the answer depends upon what one is really asking. While there is no prohibition against using a mark that is different from the one applied for, such usage might not support the trademark application. Showing use of the mark […]

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Do I need to register or apply for a trademark before using it?

There is no requirement to apply for a trademark prior to using it. Trademark rights in the U.S. are granted to the first one who uses a mark in commerce on particular goods or services, not to those who are first to file with the exception of Intent-To-Use applications that ultimately mature into registrations. If you’re […]

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Where I can find flat fee IP attorneys for filing patent and trademark applications at fixed rates?

Flat attorney fees provide greater transparency and certainty for clients seeking to budget IP protection such as patent applications (aka patent prosecution) and trademark applications (aka trademark prosecution). Innovation Capital Law Group publishes a fixed fee schedule for trademark prosecution which includes a total cost from start to finish assuming no rejections. Trademark applications tend to have […]

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