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From the category archives:
As discussed in this post, the United States Patent and Trademark Office will not register your trademark until you begin using it in commerce. For a trademark used in connection with services (a service mark), “use in commerce” require both that you have displayed your trademark in the advertisement of your services and that you [...]
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While an application to register your trademark can be filed before the mark is used (as long as you have an intent to use it in the future), the Trademark Office will not issue you a registration until you actually use your trademark in commerce.
So what does it mean to use a trademark “in [...]
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Like patents and copyright registrations, registered trademarks are concrete assets that can be sold, transferred, or licensed to others. A pending trademark application that has not yet matured into a registration can also be transferred to a new owner, under certain circumstances.
The transfer of a trademark to a new owner, for compensation or otherwise, is [...]
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Entrepreneurs rightly value good ideas for business names, brand names, logos, slogans and, in creative industries, titles. A creative business name or striking logo can do wonders for establishing your brand and building customer loyalty. A clever article or movie title can be a great help in marketing your work for distribution. I frequently get [...]
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Recent IP news and information from around the web:
The Patent Reform Act of 2010 receives a favorable opinion and thorough analysis on Patent Baristas. Stephen Albainy-Jenei notes a number of critical features of the proposed bill, including authorization for the USPTO to set its own fees, a move to first-to-file, raising the bar for findings [...]
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Renewal of Trademark Registrations
A trademark registration expires after ten years. If you wish to keep your trademark registration active, you must file an Application for Renewal of your registration under § 9 (See TMEP § 1606 ) before the expiration of this ten year period.
The window for filing this Renewal opens one year before expiration [...]
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I recently filmed this video as a podcast for LegalRiver. It is a sequel to this video and addresses what you can do about cybersquatters once you discover that they have registered domain names similar to one of your trademarks, for example misspellings, typos, or corruptions of your business name.
Dealing with Cyber Squatters from Legal [...]
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I recently filmed the following video with LegalRiver regarding what cybersquatting is and how it affects businesses with an Internet presence. This is the first of a two-part podcast.
Cyber Squatting – Cliff Hyra from Legal River on Vimeo.
Leave your comments and questions below.
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When deciding whether to adopt a new trademark (brand or business name, logo, etc.), a primary consideration is what other businesses are using similar marks. You do not want to adopt a mark that will result in a costly legal confrontation.
However, some businesses are much more likely to cause you problems than others. Evaluating the [...]
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So you have come up with a name for your new business or new product, and you love it. It is the perfect brand and trademark to propel your business to widespread success. But wisely, you have a trademark search conducted, and you find that you are not the first person to come up with [...]
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