Why founders should search trademarks before incorporating

Why a trademark search before incorporation makes sense One common pitfall of incorporating is selecting a company name without first conducting a trademark search. Typically, founders consult with a corporate attorney to see if their desired corporate name is available for incorporation without any regard to the possibility that others may have registered a similar […]

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What is a trademark knockout search?

Identifying obvious risks of rejection based on similar marks before applying A trademark knockout search generally refers to a pre-filing search of the USPTO trademark database (aka TESS) for identical or highly similar marks. The goal is to assess the risk of a likelihood of confusion refusal by a USPTO trademark examiner (“examining attorney”) reviewing your […]

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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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