You may be able to move the USPTO to expunge or cancel a trademark registration for not being commercially used in the U.S. What is Expungement (and Reexamination) of Trademark Registration? Virtually anyone can petition for an expungement of a registered trademark with the evidence of record supporting that the registered mark has never been… Continue reading Somebody’s claiming rights under trademark registration, which you believe is bogus?
“The Story of” series of articles are written by Young Jeon, Esq. to share his experience with a trademark application filed with the USPTO. It is intended to be informative as to the USPTO trademark registration process. Only information readily available to the public is contained in this article. DASAMOA® is an online retail department… Continue reading The Story of DASAMOA®
There are many business owners who own registered trademarks but have no idea about it. How come? Possible scenarios: You’ve registered a trademark when you started up, and you never looked back. You thought having your business/brand name registered was a good idea one day, then you managed to get it registered. And now it… Continue reading Not sure if you have a registered trademark?
Trademark attorneys, like myself, use TESS just like everyone else. I will walk you through the entire process with helpful tips you can use right away. First of all, you need to access TESS, a trademark search service provided by the USPTO. You should see something like this: Now, choose “Word and/or Design Mark Search… Continue reading TESS Search Hacks
If you are wondering if the invoice or bill you received by mail is legit, please read on. Scammers consistently target US trademark applicants and registrants. Many of those have names bearing a close resemblance to the name of the United States Patent and Trademark Office (USPTO) such as Patent and Trademark Office, LLC. First… Continue reading Did you receive an invoice (or a bill) for your trademark?
Is this a good trademark? Well, I get that question a lot as an IP attorney. I have been working on trademark cases for about ten years now. In fact, one of the first things I did as a newly minted attorney in Chicago was to file a response to an office action rejecting a… Continue reading TM attorney’s brand naming ideas
To register a trademark, you need to either (1) have used a mark (could be a brand name, a company logo, or even a unique color) in association with your good or service or (2) have a bona fide intent to use it. How does this translate in plain English?
Many clients reported that they received an unsolicited service invoice from Service BPM 326634 at 8345 NW 66 ST #2000 33166-7896 Miami, which looks like this: It has nothing to do with your U.S. trademark registration, and you are advised to ignore and discard it. If you have questions regarding trademark protection in other countries… Continue reading DO NOT PAY WTP!
When required, disclaimer works against you. So, an ideal trademark would not have a disclaimer. However, sometimes you want to include certain words that need to be disclaimed no matter what. In that case, I recommend you start the trademark registration process in advance using an ITU application and do not include disclaimer in your initial application. A lack of your disclaimer does not cost your extra USPTO fees. It costs extra time and some work, but if you started early, you can afford waiting for a few months more before you start print out brochures and build signs for your business with ®, sitting on your priority date (filing date).
Just google trademark registration, and you will see a bunch of under-$100 trademark services online. How is it possible? There is a hidden cost of trademark registration: your mandatory response to the USPTO’s initial conclusion that your mark is not registerable. (See Possible Grounds for Refusal of a Mark | USPTO) By the way, this… Continue reading How to Avoid Trademark Refusal