What are differences between patents and trademarks?

How are patents and trademarks different? The goal of this article is to provide a helpful summary of differences between patents and trademarks that will actually help you in making good business decisions. This is not an exhaustive list of differences. Instead, we will focus on key distinguishing features of each IP right. My hope […]

Read More

What is acquired distinctiveness (secondary meaning)?

What is a trademark with acquired distinctiveness? Some trademarks are inherently distinctive from the start and others are not. Inherently distinctive marks generally include marks that are arbitrary (meaning of mark has no relation to goods/services) or fanciful (made up word) or suggestive (meaning of mark suggest a feature of goods/services). Marks that are descriptive […]

Read More

What is an (ITU) Intent-To-Use trademark application?

What is an Intent-To-Use application? To register a trademark, you normally 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 you to apply to […]

Read More