There are three trademark symbols that trademark owners should use, ™ vs. SM vs. ®, based on whether they are using a registered trademark/service mark, or unregistered trademarks and service marks. Have you ever seen the ™, SM, or ® symbols after a product or company name and wondered what they meant? They are trademark …
Deceptive marks, trademarks and service marks, are barred from trademark registration on the even if there is a showing of secondary meaning under Section 2(f) of the Lanham Act. Section 2(a) of the Lanham Act states that a trademark cannot be registered at the United States Patent and Trademark Office if it is deceptive. Unlike other other Section 2 …
Towards the state of education and the future Education is about putting people on the right path. Even after entering society, there are many opportunities to learn from others, and that is education. In other words, education is not just about what you learn while you are a student. Humans face situations where they don’t know what to …
Section 2(f) allows trademarks that are not inherently distinctive to be registered if the trademark applicant can show they acquired distinctiveness. As a general rule, trademarks that are not inherently distinctive cannot be registered trademarks at the United States Patent and Trademark Office. However, in instances where the trademark owner can show a trademark has acquired distinctiveness, i.e. …
The best trademark lawyers are honest with clients, do not take shortcuts and explain clearly the expected costs before taking on trademark work. With any industry, there are companies and individuals that provide the best service and others who do just enough to get by. When it comes to trademark attorneys, there are several factors …
Why education should be politically neutral Educational disparity widens to the extent that there are high school students who give up on university due to economic disparity In recent years, when the economic recession with a tendency to deflation lasted for a long time, the number of children who wanted to go on to high …
A February 2018 study published by Harvard Law Review titled Are We Running out of Trademarks? An Empirical Study of Trademark Depletion and Congestion concluded that trademark “depletion and congestion are becoming increasingly serious problems for the trademark system.” In other words, we are running out of effective trademarks. Written by Barton Beebe and Jeanne C. Fromer, …
A requirement to join the Amazon Brand Registry is the seller must own a USPTO trademark registration For serious sellers on Amazon that sell their own branded products, registering with the Amazon Brand Registry is a must. The Amazon Brand Registry allows sellers to have more flexibility and control over their listings by letting sellers …
Why are specimens required for trademark applications and what is an acceptable specimen? Why is a specimen required? In order for a trademark owner to receive federal trademark registration, the business must show that the trademark is actually being used in commerce. If there were no requirement to submit specimens, anyone could receive trademark protection …
Trademark law developed through English common law, and by simply using a trademark, a trademark owner is afforded property rights and legal protections to their trademark. However, seeking a federal trademark registration with the the United States Patent and Trademark Office (USPTO) provide trademark owners additional benefits they would not receive if they solely relied on their common …
Benefits of Federal Trademark Registration with the USPTO Read More »
Intent to use trademark applications allow companies to resolve any potential trademark issues early, establish trademark priority rights, and invest in new trademarks and marketing campaigns with confidence. Intent to use applications give business owners the flexibility of filing for a trademark application before ever using the trademark so long as they have a bona …
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A certification mark serves as a symbol of guarantee that the goods or services sold in connection with the mark meet certain standards and conditions. Certification marks, unlike traditional trademarks, do not identify the source of goods or services. Rather, they identify the goods or services bearing the certification mark meet certain criteria and standards. …
A trademark can be nearly anything that serves as a source identifier, including the color of products Almost anything that serves as a source identifier, i.e. it allows consumers to know who manufactured a product or advertised a service, can receive common law trademark rights and be a registered trademark at the United States Patent and Trademark Office (USPTO). …
By using a trademark, the trademark owner is given common law trademark rights Before the Lanham Act in 1946, which established trademark law by statute, trademark law and the concept of trademarks as a property right developed in English common law. Common law trademark rights are acquired by use of the trademark. An 1879 US Supreme Court …