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Can You Protect A Trademark From Your City?

December 10th, 2024

Can You Protect A Trademark From Your City? In In re JT Tobacconists, 59 USPQ2d 1080 (TTAB 2001), the trademark applicant thought it might be able to seek registration for the mark MINNESOTA CIGAR COMPANY for cigars, cigar cases not made of precious… Read More

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Legal Considerations For Licensing Agreements

June 30th, 2024

Legal Considerations For Licensing Agreements For businesses looking to capitalize on their intellectual property, licensing agreements are essential. These agreements allow companies to grant permissions to third parties to use their intellectual pr… Read More

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Protecting Your Brand From Trademark Infringement

June 29th, 2024

Protecting Your Brand From Trademark Infringement Safeguarding your brand’s identity is paramount in today’s competitive business landscape. Our firm understands the vital role trademarks play in distinguishing your products and services from oth… Read More

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Understanding Copyright Basics For Businesses

June 28th, 2024

Understanding Copyright Basics For Businesses For businesses today, it’s critical to have at least a basic understanding of copyright law. As a business owner, it’s crucial to protect your intellectual property while ensuring you respect the… Read More

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Car Accidents And Trademark Infringement

May 27th, 2024

Car Accidents And Trademark Infringement Car accidents are already stressful events, but when they lead to allegations of trademark infringement, the situation can become even more complex. Understanding the insurance implications of such claims is c… Read More

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Christmas List 101: International Registrations, Costly 501c3 battles, and more!

December 14th, 2023

Christmas List 101: International Registrations, Costly 501c3 battles, and more! Greetings friends, This week on TMtelegram, we discuss the trademark infringement case against a non-profit, reveal one of the most common mistakes made on trademark… Read More

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How to Avoid Accidental Trademark Infringement

April 20th, 2022

If you are starting a business, one of the first things you need to consider is how your brand will be represented to consumers. For your business to be successful, you will have to select a name, logo, catchphrase, or symbol that makes you stand out… Read More

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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.

» Uncategorized

Can You Protect A Trademark From Your City?

Legal Considerations For Licensing Agreements

Protecting Your Brand From Trademark Infringement

Understanding Copyright Basics For Businesses

Car Accidents And Trademark Infringement

Christmas List 101: International Registrations, Costly 501c3 battles, and more!

How to Avoid Accidental Trademark Infringement

Let's Work Together

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Over 7,000 Trademarks Successfully Registered

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J.J. Lee

Erin C. Bray

Experienced Trademark Attorneys Committed to Protecting Your Brand

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» Uncategorized

Can You Protect A Trademark From Your City?

Legal Considerations For Licensing Agreements

Protecting Your Brand From Trademark Infringement

Understanding Copyright Basics For Businesses

Car Accidents And Trademark Infringement

Christmas List 101: International Registrations, Costly 501c3 battles, and more!

How to Avoid Accidental Trademark Infringement

Let's Work Together

Blog Categories

Client Review

Trademark Lawyer Law Firm

Over 7,000 Trademarks Successfully Registered

FAQ

Meet Your Team

J.J. Lee

Erin C. Bray

Experienced Trademark Attorneys Committed to Protecting Your Brand