Does your mark in use match your applied-for or registered mark? Trademark use and registration are two different issues. In an ideal world, your trademark in use should match your registered mark. Trademark use refers to the mark that is actually used in selling your goods or services. Such trademark usage may differ from the […]
Category: Trademark Registration
Should you file a trademark first before using it?
Use or file trademark first? You do not have to apply for a trademark prior to using it. In most cases, trademark rights in the US are granted to the first one who uses a mark in commerce on particular goods or services. US trademark law recognizes the first user. Before you breathe a sigh of […]
Where to find flat fee patent attorneys for filing patent and trademark applications at fixed rates
Flat fee patent applications Flat fee patent attorneys provide greater transparency and certainty for clients seeking to budget patent applications. Our firm can provide fixed fee estimates for the initial filing of a utility or design patent application. We can also provide flat rate estimates for responding to patent rejections. Initial filing costs of a […]
Where can I find an IP checklist for startup companies?
What is an IP checklist? An IP checklist helps a startup company to make sure that fundamental IP rights are adequately protected. At a minimum, startups should take necessary steps to register trademarks and file patent applications for any unique concepts. Here are some key IP issues that entrepreneurs should consider during the early stages […]
What is trademark use in commerce?
What is use in commerce? To establish trademark rights in the US, a trademark owner generally must be the first to use a mark in commerce on particular goods or services. There are a few exceptions to this general rule such as when the applicant owns a foreign registration or files an Intent-To-Use application. In […]
What is an inherently distinctive trademark?
What is an inherently distinctive trademark? An inherently distinctive trademark is a mark that lacks descriptive wording in relation to your goods or services. It’s tempting to choose a name or term that describes a quality or characteristic of your product. Resist that temptation and try to come up with a mark that is fanciful […]
What is a trademark rejection?
What is a trademark rejection? Not all trademark Office Actions are the same. Your application may receive a trademark rejection, or a registration refusal, which will require greater effort to overcome. On the other hand, an Office Action may be issued in your trademark application raising minor issues that can be resolved without arguments. Let’s […]
Word Mark vs. Design Mark: What is a standard character trademark vs. a stylized logo?
What is the difference between a word mark (standard character) and a design mark? There are two ways to register a trademark. While they go by different names, I simply call one a “word mark” and the other a “design mark.” A word mark consists of the wording in a particular trademark without regard to […]
TTAB trademark oppositions and cancellations: What to know
Trademark opposition or cancellation: What are the differences? Trademark oppositions and cancellations are adversarial proceedings before the Trademark Trial and Appeal Board (TTAB) of the USPTO to defeat the registration of a mark. A trademark opposition seeks to block a trademark application from registering. A trademark cancellation seeks to cancel a registered mark. Therefore, oppositions […]
What is an (ITU) Intent-To-Use trademark application?
What is an Intent-To-Use application? To register a trademark, the general rule is that you have to use the mark. Registration generally requires use in commerce. So how is it possible to apply for registration when a trademark has not yet been used? As implied in it name, an Intent-To-Use trademark application (ITU application) allows […]