A DeLorean, "Back to the Future," and Your Brand's Protection?
Hello Reader,
I recently had a bit of a nostalgic moment—I saw a DeLorean, the famous car from Back to the Future. If you’ve seen the movie, you know it’s all about time travel and the importance of making the right decisions to protect your future. Seeing that iconic car reminded me how, in business, just like in the movie, the decisions we make today can have a lasting impact on the future of our brands. In Back to the Future, Marty McFly had to fix the past to ensure a better future. In the same way, taking steps now to protect your brand with a trademark can secure your business’s future. A trademark ensures that your brand remains yours and gives you the power to stop others from using your business’s name or logo. It’s like having your very own DeLorean—giving you the ability to shape your brand’s future with confidence.
Without proper trademark protection, your brand could be vulnerable to others trying to take a piece of what you’ve built. Think of a trademark as your "flux capacitor"—the key to ensuring your business stays on the right track, no matter what the future holds.
So, while I might not be able to time travel, I can help you secure your brand’s future today. Let’s work together to make sure your brand is protected and ready for whatever the future brings.
Keep Your Brand Safe and Protected, J.J. Lee and the Trademark Lawyer Law Firm Team!
P.S. Contact us to Register your (Totem) Trademark today!
"I have dealt with Trademark Lawyer Law Firm, PLLC, for several years. This time I needed to have my trademark renewed within a week as a deadline was approaching. As always, they prepared the paperwork professionally and in an expedited manner. Our communication to confirm details was smooth and quick. In a matter of days, they submitted the trademark renewal request. The service of this group of professionals is excellent." O. Garcia
Trademark Lawyer Law Firm
3300 Washtenaw Ave. 2nd Floor #277
Ann Arbor, MI 48104 (888) 505-5102
Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
What are Disclaimers for Trademarks?
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights. A good example of this is disclaiming “café” if your services are for a café.
What is the Supplemental Registry?
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry. In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
What is the Date of First Use?
Two dates must be specified in a trademark application: Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade. Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
What is the Renewal Timeframe for a Trademark?
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
Meet Your Team
J.J. Lee
Principal and Founder
Erin C. Bray
Trademark Attorney
Experienced Trademark Attorneys Committed to Protecting Your Brand
Founded by J.J. Lee, the Trademark Lawyer Law Firm, PLLC has successfully registered more than 6,500 trademarks with the USPTO. Dedicated to ensuring that your mark is protected from misuse or theft, our attorneys and staff work closely with clients, taking the time to understand the specific needs of their businesses. Professionally handling each matter with integrity, efficiency, and the personalized attention it deserves, you can rest assured that you have a team on your side who is committed to safeguarding your unique brand.