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
The USPTO provides ample resources to guide first-time DIY-ers through the trademark application and registration process. However, it does not give you much regarding when and how you should decide to seek expert help. Here comes a seasoned IP attorney’s take on “when should you go the DIY route.”
Nowadays, in addition to “maker” and “brand”, “product name” is increasingly used as a trademark. There are simply so many product types and variations. Take a look at an example below: GREEN CLEAN is a product name of a cleanser from Farmacy Beauty. My impress is that it is something that naturally cleans your skin.… Continue reading Promotional Phrases as Trademark