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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The Madrid Protocol is a treaty that allows a trademark owner to register a trademark in any of its member countries by filing a single trademark application, called an “international application.” The United States is one of more than 80 countries that are members of the Madrid Protocol. The international...
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