February 29th, 2024

How I Became A Trademark Attorney (And LEAP YEAR!)

Happy Leap Year 2024 Reader!

Today's featured video is how I became a Trademark attorney. Here is the video:

TM Tips & Tricks: Speaking of videos ...

We didn't realize until it was too late that our previous TWO newsletters were missing the videos! Here they are TEQUILA Trademarks:

Zippo's Sensory Trademark:

BUSINESS TIPS AND TRICKS

Let's Do This Together Every Week! I've been wanting to read James Clear's Atomic Habits for a while, and I've been sitting on the audio book for almost a year, and I've decided to start reading it. Join me every week as we read together, learn together, and grow together.

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Maura LeMay

Get to know Maura LeMay, our dedicated Paralegal. Maura LeMay handles new trademark applications, trademark renewals, and responds to all client needs at the Trademark Lawyer Law Firm, PLLC.
Let’s dive into some fun facts about Maura!
I grew up in Buffalo, New York, down the road from the Bill Stadium, which made me a lifelong Buffalo Bills fan. 🏈
I love camping and swimming in lakes and any lake activity such as kayaking. 🏕️.
I enjoy watching my kids play sports. 👨‍👧‍👦
I enjoy traveling with my kids to sporting events and tournaments. ✈️
I have a rescue Pitbull, and my favorite pastime is going on hikes with him. 🐶

That's a wrap for this edition of our newsletter! We hope you found this information valuable and engaging. As always, if you have any questions or need assistance, our team is just a phone call or email away.
Thank you for being a part of our community, and we look forward to helping you safeguard your brand's identity and thrive in the world of trademarks!
Warm regards,
J.J. Lee and the Trademark Lawyer Law Firm Team!

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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.