Home / NFT

» NFT

Beware of NFT Phishing Scams

August 15th, 2022

When new technology emerges, sophisticated scams associated with it often follow. In the past year, nonfungible tokens (NFTs) have risen in popularity — and those who own them should be aware of the various phishing scams. Unfortunately, with the N… Read More

Categories: NFT

NFT (Non-Fungible Token) - Intellectual Property Concept

The Importance of Protecting NFT Intellectual Property

August 2nd, 2022

Nonfungible tokens — also referred to as “NFTs” — have recently taken the intellectual property world by storm. While an NFT’s value and strength comes from its authenticity, they have dramatically changed the market for digital assets. Pre… Read More

Categories: NFT

Nike flagship store at Bangkok , Thailand.

Nike Trademark Lawsuit Against StockX Over Sneaker NFTs

April 28th, 2022

Nike, Inc. recently took legal action against StockX LLC based on its alleged infringement of Nike’s well-known trademark in connection with its non-fungible token (“NFT”) marketplace. The athletic wear retail giant claimed in its lawsuit that… Read More

Categories: NFT, Trademark Litigation

Over 7,000 Trademarks Successfully Registered

Schedule a Consultation Instantly

FAQ

What are Trademark Application Suspensions?

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 9^th and 10^th 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.

Learn more about the team >

Trademark Infringement Lawyer Michigan - Copyright Lawyer Ann Arbor MI - Copyright Lawyer Michigan - Trademark Litigation Lawyer Detroit MI - Trademark Licensing Lawyer Detroit MI - Trademark Infringement Lawyer Detroit MI - Copyright Lawyer Detroit MI - Trademark Lawyer Grand Rapids MI
© 2024 Trademark Lawyer Law Firm, PLLC New York City | Chicago | Miami Legal Disclaimer | Privacy Policy | Sitemap | Powered by Matador Solutions

» NFT

Beware of NFT Phishing Scams

The Importance of Protecting NFT Intellectual Property

Nike Trademark Lawsuit Against StockX Over Sneaker NFTs

Let's Work Together

Blog Categories

Client Review

Trademark Lawyer Law Firm

Over 7,000 Trademarks Successfully Registered