When is the right time to trademark a product or company name?

When is the right time to file a trademark application? Trademarks differ from patents in terms of timing. Unlike patent deadlines, there is no strict due date for filing a trademark application, although there can certainly be negative consequences for waiting too long. Assuming that you do not have enough cash now to apply for […]

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How to trademark books, DVDs and creative works

What are common problems in registering a trademark on books? Books, DVDs, CDs, films, videos and other media containing creative content are generally considered creative works. It’s natural for an author of a book or other creative work to think about protecting the title as a trademark. The specific challenge in trademarking creative works is […]

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How to transfer trademark ownership

How to transfer trademark ownership: What is a trademark assignment? A trademark assignment is a document signed by the original owner (“assignor) transferring ownership of the trademark to a new owner (“assignee”). In most cases, only the assignor needs to sign the trademark assignment. The USPTO provides a helpful online resource on trademark assignments. What […]

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What is a trademark registration basis?

Trademark registration basis There are only two bases for a registering a trademark in the US: use in US commerce [Section 1(a) – see TMEP Section 900]; foreign registration [Section 44(e) – see TMEP Section 1004]. A US trademark application cannot mature into a registration without at least one valid registration basis. Since a Section […]

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Can product design (shape) be trademarked?

Can 3D product designs be trademarked? Trademarks are commonly known as names and logos. It may surprise you to learn that three-dimensional product shapes (aka product configurations), designs and features may also be registered as trademarks if they help to indicate source and do not serve any functional purposes. What is the test for registering […]

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What is a Flat Rate Trademark Application?

What is a flat rate trademark application? For certain trademarks, our firm offers a fixed fee for filing a trademark application and prosecuting the application from initial filing to registration. While each IP firm is different, our flat rate trademark application package is offered for marks that meet the following requirements: must not be an […]

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Who is the trademark owner?

Who is the trademark owner? It’s not uncommon for first-time trademark applicants to raise questions concerning ownership of the trademark. In a trademark application, should the applicant be identified as an individual or a company? The answer depends upon who will ultimately control the quality of the goods or services. In most cases, it would […]

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When does a trademark registration expire?

Why don’t trademarks expire? Trademarks differ from patents in at least one critical way: trademarks can last indefinitely while patents must expire. Keep in mind that patents involve an exchange of information (from inventors) for exclusivity (from government). Trademarks do not involve such an exchange. Instead, trademarks serve to indicate the source of a product […]

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What are acceptable trademark specimens of use?

What is a trademark specimen of use? Trademarks do not exist in vacuums. One cannot simply register a mark without reference to specific goods or services sold under the mark. Generally, an applicant has to provide the USPTO with current examples of how the mark is used in the sale of the specific products and/or services identified […]

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How to describe goods and services in a trademark application

A Trademark Must Be Tied to a Product or Service Trademarks do not exist in a vacuum. A trademark must always be tied to particular goods or services offered or sold under the mark. You can’t trademark words in the abstract. So when you hear about a celebrity trademarking a phrase, the phrase or slogan must be […]

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