An applicant has recorded a trademark with the United States Patent and Trademark Office and now questions what the next steps are en route to trademark registration. This is not only a common question asked by applicants who file for a trademark registration on their own, but it is also a common question of clients [...]
Knowing how to trademark anything is certainly something that is very beneficial for both you and your business. In fact, it is one of the fundamental pieces of many hugely successful businesses out there. Nevertheless, there normally appears to be too much information on the topic which only contributes to confusing people rather than helping [...]
While the USPTO does use the term trademark to denote businesses offering goods or services, there is a distinction between a trademark and a service mark. To be clear, there is no difference between trademarks or service marks when it comes to needing comprehensive research or filing a Federal application. All of that remains the [...]
There are 5 examples the USPTO provides about what a service mark is not and it’s my guess that these are often filed for accidentally.
1) Contests and Promotional Activities
Now you’d think that contests and promotions are obviously services, right? It is a real activity and is done for the benefit of others. But it fails [...]
This notice, including use of the ® symbol, may be a sufficient deterrent to avoid a third party from adopting a confusingly similar mark. Most importantly, a federal trademark registration affords the owner the right to sue in federal court and seek treble damages, attorneys fees, and/or $100,000 statutory damages for trademark infringement and/or for [...]
A trademark registration on the Principal Register of the United States Patent and Trademark Office (USPTO) affords the owner several benefits under federal trademark law. Lawyers know them and clients have heard about them. However, practically speaking, business owners, especially those operating in today’s online world, need to know why they should spend the time, [...]
The first to use a distinctive mark in connection with a particular set of goods or services has legal rights to that mark. With this in mind, priority is immensely important when it comes to determining who has rights to the use of a mark. Whether it is under common law or statute, the senior [...]
The Intel Case
The European Court of Justice’s landmark ruling in Intel Corp v CPM (UK) Ltd on the 27 November may alter the landscape of European trademarks. This case clarified the European position on trademark dilution and did not follow the US position. The case stemmed from a dispute between Intel Corp who owns the [...]
Starting a website/business comes with some baggage that can be quite difficult to carry, especially for individuals who have little to no experience with the many legal elements of starting a business. Due to a limited budget I was forced to tackle some pretty daunting tasks on my own. One of the more difficult tasks [...]
The patent law and the entire patent system in India are governed by the superintendence of General Controller of designs patients, trademark patent and by geographical indications. This office of general controller runs under department of industrial policy and promotions. In all there are around four patent office in India among which the head patent [...]
