international trademark application Madrid

International Trademark Application – The Madrid Protocol

What is an International Trademark Application, and What is the Madrid Protocol? Now that you have filed your US trademark application, and are looking for international protection, you can avail yourself of the international trademark application, namely “The Madrid Protocol” – it sounds like a Robert Ludlum novel but is not. It’s an efficient international […]

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Geographical Indications Trademark

What are Geographical Indications Trademarks?

What are Geographical Indications? Geographical Indications are used to guarantee that certain products come from certain areas. Think sparkling wine from Champagne, or Prosciutto from Parma. Often associated with agriculture or food products, Geographic Indications are there to provide some assurance of the source of these products, while providing the local producers an edge in […]

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Registered Trademark Symbol

Trademark TM vs R

You keep seeing the TM or R-in-a-circle in superscript beside a trademark, but what does it really mean? When a trademark is in the application stage, or is in use in an unregistered trademark sense, then the TM (™) works well to provide notice that the name is being used as a trademark. Unregistered marks […]

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Trademark Incontestability Section 15

Affidavit of Incontestability for your Registered Trademark under Section 15

Affidavit of Incontestability for your Registered Trademark under Section 15 At the five-year mark from your trademark becoming a Registered Trademark on the Principal Register, you must renew the trademark, with a affidavit or declaration that you have continued to use the mark throughout that five year period, under §8. But you also have the […]

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Likelihood of confusion across different classes

Trademark Refusal Based on Likelihood of Confusion with a Different Class?

A refusal of your trademark application based on a likelihood of confusion may occur with a similar mark in a different class. How is this possible? Doesn’t a similar mark in a different class mean that the marks are separated in the marketplace? Not necessarily. In my 10 years of trademark practice, I have encountered […]

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Foreign Filing Basis for Trademark

US trademark application based on foreign trademark application – 44(d)

You can file a US trademark application, and have a filing basis of a foreign trademark application, under section 44(d). In this case, the application must have been filed within the previous six (6) months of the US application,  must be the same trademark filed for the same goods and services. This is also known […]

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Registered Trademark Symbol

Registered Trademark Symbol – How to Type it, When to Use it

How do you type the Registered Trademark Symbol ® ? You can copy them from here and insert, but in Word the Registered Trademark Symbol (‘R’ in a circle) appears in the Insert > Symbol menus. On the Mac, you can type “Option-‘R’) for the symbol on the keyboard, or you can copy it from […]

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How to do a trademark clearance search in the US

Trademark Clearance Searching There are two things you are searching for – i) federal trademark registrations and applications in the US, and ii) common law trademark rights acquired through use (unregistered trademarks) in the US. For i) federal trademark registrations, the definitive list is in the USPTO TESS database. Search by the trademark itself, and […]

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Unregistered vs Registered Trademark

Unregistered vs. Registered Trademark

Comparison of Unregistered vs Registered Trademarks Before the Federal Trademark Register was created to protect federal trademark registrations in the US, there was an unregistered trademark system for trademarks used in commerce. These non-registered, or common law trademarks still have protection within the US despite the federal registration system. US Regd Trademark The Federal trademark […]

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Brand Name Registration Check

Brand Name Registration Check

How to check registered brand names There are just a few steps to checking registered brand names in the US. There is one central registry for brand names in the US, that is maintained at the USPTO. It’s called TESS, or Trademark Electronic Search System, and it forms the federal trademark database. You can select […]

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Yellow Pages for USA and Canada Business
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