How to Choose a Trademark

What will be the name of your product? Choosing a trademark for your product can be more challenging than it seems. You may have already overcome the toughest hurdle of developing the product, so what can be so difficult about creating a name for it? Two key issues tend to come up whenever you try […]

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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 choose goods or services in a trademark application

How do you decide which goods or services to include in a trademark application? Trademarks do not exist in a vacuum. A trademark must always be tied to at least one product or service. You cannot 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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