July 25th, 2024

What is Wrong with THIS Trademark Application? Avoid One of the Biggest Mistakes!

Hello Reader,

In this Issue:

We ask YOU What is Wrong with This Trademark Application and How to Avoid One of the Biggest Mistakes in Trademark filings!
How would you respond if someone impersonated you, spoofed your website, and sent cease and desist letters in your name to extort money from others?
Week 20, Chapter 20 of James Clear's Atomic Habits

What is Wrong with This Trademark Application

Transcript:
Can you see the problem in this trademark application?
This application contains the biggest mistake that trademark applicants can make.
Do you see the mistake?
This application has one major problem, but there's an easy solution that you can use so you don't run into this fatal problem.
Click Here For the Answer!

Scammer Impersonated a Lawyer/ Business Owner/ Professor and Sent Out Cease & Desist letters Extorting Money

How would you respond if someone impersonated you, spoofed your website, and sent cease and desist letters in your name to extort money from others?

"Someone impersonated me and sent a fake cease-and-desist letter to a member of the public. Turns out this is part of a massive scam on people who use certain third-party "cheap" online trademark filing companies.*"

Kayla Jimenez’s Post

BUSINESS TIPS AND TRICKS

This is Week 20 and Chapter 20 of our 20-part Atomic Habits by James Clear weekly read through! Get the book and join us every week!

Transcript:
Final chapter, week 20, chapter 20 of James Clear's Atomic Habits. This chapter is called The Downside of Creating Good Habits. What James Clear means by this is that when we finally get into the habit, we stop thinking about it. We stop thinking about how to improve. We stopped looking at the small errors.

We just let it go on automatic pilot. What he's saying is we have to make a conscious decision to actually make improvements, the small improvements for all the habits that we do. The upside of building habits is that we could do them without thinking. The downside of it is that we start ignoring the small errors.

Habits plus deliberate practice equals mastery. And the best way to do this is a reflection and review of your habits of your skills over time and see whether or not they're improving or how you could maintain the motivation to keep improving each of those habits. James Clear also mentions That sticking close to a specific identity may also hinder us in the future.

Instead of saying I'm an athlete, saying I am a mentally tough person who loves challenges. So in other words, you have a broader definition of who you are that's not locked in to a specific type. That's it for week 20, chapter 20. Tune in next week as I discuss my thoughts about this book and what's next.

If you would like to follow along with the series, here is our Atomic Habits by James Clear playlist:

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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Categories:

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.