How to obtain a federal trademark registration?
Obtaining a Federal trademark registration to protect your trademark is generally a two-step process. The first is the search step. The second is the application step. Oftentimes, trademark applicants proceed straight to the second step without conducting any sort of rigorous search process. However, if the trademark search step is skipped then … [...]
How to select a trademark?
First, let’s define the term trademark. Under U.S. trademark laws, a trademark is anything that can identify a source of a product or service. Almost anything can serve to identify a source such as words, logos, colors, sounds, restaurant designs, product packaging, and product designs, which is a non-exclusive list of potential types of … [...]
What is a date of first use when registering a federal trademark?
In a statement of use or an amendment to allege use for a trademark, the date of first use anywhere and the date of first use in commerce must be specified. However, what do these dates represent? In general, the date of first use anywhere and the date of first use in commerce represent the […]
What is a statement of use or amendment to allege use?
A statement of use or amendment to allege use is submitted to the United States Patent and Trademark Office (USPTO) when registering your trademark. It shows that you are actually using the mark in your day-to-day operations on the goods and services listed in your trademark application. You aren’t just reserving the mark so that […]
Trademark Registration: common law, state and federal
COMMON LAW TRADEMARK RIGHTS v. TRADEMARK REGISTRATION In the United States, certain trademark rights are created whenever someone uses a trademark in connection with a product or service. If a product is sold or a service is rendered in conjunction with the mark, then trademark rights or service mark rights attach immediately to the mark […]