Did you receive an Office Action Notice from the USPTO? Read this.
One common reason a trademark application may be refused is Section 2(d) of the Lanham Act, which deals with the likelihood of confusion between the applicant’s mark and a previously registered one. The law states: (d) Consists of or comprises a mark which so resembles a mark registered in the Patent and Trademark Office, or […]
Trademark Registration: A Critical Guide to Reclaiming Your Brand When Someone Else Has Registered Your Mark
You found a trademark for your brand, but someone else has registered it. WHAT DO YOU DO? Here are three options that you have to contest that person’s mark, and get yours registered. Trademark Expungement This is a preliminary process, which is done in writing, through an online request before the United States Patent and […]
Can BRAT Green be Trademarked?
What are the requirements for colors to be trademarked? A trademark serves as a source identifier for goods or services. While trademarks are commonly words or logos, they can also include colors, store designs, packaging, and other distinctive elements that signal the source of a product or service. To register a trademark with the United […]
How Long Does It Take To Register A Trademark
How Long Does a Trademark Registration Take? The process to register trademarks tends to be time-consuming and can span over a year. Due to the various stages that a trademark application must undergo, the application process usually takes 12 to 18 months. Once a trademark application is submitted, it typically takes the United States Patent […]
Can a Logo be Copyrighted and Trademarked?
A logo can be protected by both a copyright and a trademark. To understand the difference between the two forms of intellectual property protection, and why your logo may benefit from both, read on. What is the Difference Between a Copyright and a Trademark? Copyrighting is the process of protecting original works of authorship created […]
Can I Bring a Lawsuit Under the Lanham Act if I Don’t Have a Registered Trademark?
A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one seller from those of others. It is essentially a brand name. It is not to be confused with a service mark, which is used to identify and distinguish the source of a service rather than goods.
Can Fictional Character Obtain Trademark Protection?
Yes, fictional characters can obtain trademark protections. In the realm of Trademark law, trademarks are awarded to source indicators used in connection with the commercial exchange of goods and services. For example names, logos, slogans, phrases, sounds, colors, trade dresses and others. For a source indicator, such as a logo, to obtain trademark protection, it […]
Why is Lady Antebellum Suing Lady A?
Country group, Lady A, formerly known as Lady Antebellum, has filed suit against Seattle blues singer Anita White, also known as Lady A. The feud started when Lady Antebellum decided to change their stage name to Lady A, because of the term Antebellum and its ties to slavery periods.
How to Protect your Business Against Trademark Bullying?
Trademark bullying is the process of large worldwide famous companies aggressively asserting their trademark rights over smaller businesses. Even though it is a common practice in the trademark world for trademark owners to “police” the use of their trademarks in the market, sometimes big companies take this “policing” a step further, counting on the inability of small businesses to finance prolonged court litigation over their trademark rights.
How to Prevent Cybersquatting
Cybersquatting or domain sharking is the act of registering, trafficking in, or using a domain name that is identical to, or confusingly similar to a registered trademark, with the bad faith intent to profit from the goodwill of someone else’s trademark. By doing this, cyber squatters prevent anybody from buying the domain.