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 […]

Read More..
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 […]

Read More..

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 […]

Read More..
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 […]

Read More..
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 […]

Read More..
Trademark Searches - how to know if it's a knockout

How to know if it’s a knockout

Is the search result I found a knockout? Does it prevent registration of my trademark? How similar does it have to be, for my chances of registration to be nil? It depends on a number of factors. The easy answer is to get a trademark attorney and provide the “knockout” along with your proposed mark. […]

Read More..
can someone use my trademark?

Can someone else make a product with a name that has one of my trademarked words in it?

Trademarks cover the mark in association with a product or service. Having a trademark registration doesn’t give you a monopoly on the word, and does not protect against non-commercial use, but it does give you exclusivity in commercial use of the trademark with regard to those products or services, or similar products/services. For example, if […]

Read More..
Likelihood of Confusion

Refused trademark registration because of “similarity of marks” or “likelihood of confusion”?

Trademark application refused registration for likelihood of confusion? The purpose of trademarks is to differentiate one source of certain goods and services from another. Therefore, the goal of registered marks is to not be confusing with one another, and, if a registered mark (or application that pre-dates yours) is viewed by an examiner as confusing […]

Read More..
Register your Brand

Brand Registration Offices – How to register your brand

Brand Registration Offices Once you have a brand, and are trying to protect the brand, there are a number of brand registration offices that you may register your brand in, in order to protect it from counterfeits. The Federal Government (USPTO) maintains the Federal Trademark Registry, wherein all federal trademarks are recorded and displayed for […]

Read More..
Trademark you Personal Brand

Your Personal Brand – Trademarked

Trademark your Personal Brand – your Last Name Lots of publications advocate generating your personal brand, for people trying to enter the job market or applying to prestigious schools. What does this mean? A personal brand should be recognizable by the people whom you are trying to get noticed by. In a nutshell, it should […]

Read More..
Yellow Pages for USA and Canada Business
Svenska Webbhotell