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?
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
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
Businesses move. And their trademarks should come along. Unfortunately, changing your address on your trademark registration(s) (also in your application(s) if it has not been registered) is not as straightforward as changing your profile on Facebook.
If you’ve reached this article, you’re very likely mindful about those dubious online trademark services. They’re low cost, and they tend to have bad reviews on online communities like BBB and Yelp. Well, I’m not surprised. I’ve recently had a client who was charged for two international classes ($500 in USPTO fees), but for only… Continue reading How IPfever works: the Real Cost of Getting a Trademark
Let’s talk about filing a TM application without any help first. There is no doubt that any US person, including legal entity having address in the U.S., can file a trademark application without absolutely no help.
Maintaining registration calls for both administrative and executive action. Administratively, you need to file with the USPTO a showing that you’re still using the mark after 5 years of the registration, and every 10 years, you need to file a request for renewal. On the business side, you must continue using your mark at all times, even after the registration. This requirement… Continue reading Trademark Maintenance: does trademark registration expire?
Getting a trademark, you can either “do it yourself” or hire a professionals. DIY option describes not only filing directly via TEAS at USPTO.gov but also using commercial services under $100. Let’s compare these two options. Do it yourself Professional Help Mark Your choice of wording and design Likely a better wording and design Registration online trademark search/registration via… Continue reading Trademark Registration: do I need to hire an attorney?
There are mainly two types of trademark, a standard one and a stylized one. A standard one (called a standard character mark) establishes your trademark rights to the written words of the mark whereas a stylized one (called a stylized/design mark) to the expression of the words in a certain way. For example, “Coca-Cola” is a brand name of a certain soda… Continue reading Standard Character mark v. Special Form mark