In this article, I will discuss the three steps you should (and must) take to successfully register a trademark for your clothing brand. Step 1 (Optional, But Highly Recommended) – Conduct A Full And Detailed Clearance Search The first step is that you should conduct a full and detailed clearance search...
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Yes, you can file an intent-to-use trademark application before you use the mark in commerce. In this article, I will discuss what an intent-to-use application is, why it can be beneficial, and how it is different than an in-use application. To register a trademark, the general rule is that you...
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After filing a trademark application, the Examining Attorney at the United States Patent and Trademark Office (USPTO) will often issue an Office Action before approving the mark for publication. Office Actions are intended to resolve issues with applications so that a mark can proceed. Office Actions also prevent certain...
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Why should I have a clearance search performed before adopting and using a trademark? A trademark clearance search assesses whether the trademark you wish to use is identical or confusingly similar to, and thereby potentially conflicts with, earlier existing registered, pending, or unregistered trademarks. If a third party is using,...
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In this article, I will discuss the differences between common law trademarks, state trademarks, and federal trademarks and what can happen if a trademark registration is not obtained. WHAT ARE COMMON LAW TRADEMARKS? Once a person or business begins using a symbol, logo, product name, or other words or marks in commerce, they...
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Common Law Trademarks & How Long Do They Last? These trademark rights will last as long as the mark is in use in commerce, and therefore can potentially be perpetual. There are well-known marks, such as Coca-Cola, which is one hundred and twenty-nine years old. What is the term of a U.S....
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Why Trademark Rights? Intellectual property right trademarks. A valid trademark, is a form of intellectual property right that gives the owner the right to prevent others from subsequent use of a confusingly similar mark for goods or services that are closely related to the goods or services sold using the mark. Three critical trademark...
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Top Trademark Classes by The Phoenix Trademark Attorney Naturally, all trademark registrants must identify the class of goods or services for which their trademark is used. It’s important to include the correct trademark class or classes in your trademark registration. As a result, your trademark registration will only protect your...
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What is a trademark? If you need help protecting your brand, the Phoenix Trademark Attorneys, are here to help. In a trademark is a word, phrase, symbol, or design that identifies your goods and services and distinguishes your brand from competitors. A trademark is used for goods, while a service...
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Search And Clear The Trademark Before we file for trademark protection we’ll need to make sure your mark can be registered. That means searching for others who may have already registered a similar mark and assessing whether your mark meets the other requirements for registration with the United States Patent...
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