Trademarking your Blog Name

How to Trademark a Blog Name

You have a good blog idea, or have been running your blog for a while, and think that it’s a good time to protect the name of the blog with a trademark. How do you start? Trademark Search – first, you’ll want to search to be sure the blog name is not already taken. Start […]

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surname trademark supplemental register

Distinctiveness of a Trademark – Supplemental Register

In order to be registrable on the Principal Trademark Register, a trademark must be distinctive. That means it must distinguish the goods of the owner in the marketplace from the other providers (not likely to be confused with other trademarks), and it cannot be descriptive, generic or a surname. If a trademark meets these criteria, […]

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Trademark vs trade dress

Trademark vs Trade Dress

What is the difference between a trademark and trade dress? Simply, a trademark is a brand name or logo that uniquely identifies a source of manufacture or services etc. It’s typically a name or logo, but common subjects of trademark are slogans, colors, and sounds and even scents. Trademarks are registered in a Trademark Register […]

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what is trademark monitoring

What is Trademark Monitoring and Why You Need It

What is Trademark Monitoring and Why You Need It A registered trademark will lose rights if the owner does not “police” the use of the mark. That means the owner must take steps to become away of what similar marks are in use, and if they are close enough to the owner’s mark, the owner […]

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creating an unregistered trademark

How to create an unregistered trademark (Common-law Trademark) using TM symbol

How to create an unregistered trademark (Common-law Trademark) using the TM symbol What is an unregistered trademark? In order to create a valid trademark, not all trademarks have to filed and registered federally. In fact, the majority of trademarks are names that companies use for products, often never filed at all. However, they still gain […]

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How can you lose your registered trademark

How can you lose your registered trademark?

How can you lose your registered trademark? Having a registered mark gives you a presumption of validity for your mark, but is it a way to stop ANYONE from using a similar mark in a way confusing to yours? There are several ways that a registered trademark can be invalidated or removed from the register, […]

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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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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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Yellow Pages for USA and Canada Business
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