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A “collective mark” is a trademark or service mark used by members of a cooperative, an association, or collective organization. Section 45 of the Lanham Act allows trademark registration for “collective marks.” A collective mark is any trademark or service mark used by a group or association. Examples of collectives that may own a collective mark are …
The best way to protect a company name from competitors using a confusingly similar name is to apply for and obtain a trademark registration from the United States Patent and Trademark Office. Small business owners and entrepreneurs spend hours coming up with clever and creative company names. Once a name is chosen, it is important …
Trademark attorneys are not required, but add value increase chances of success and can save money in the long run. Although there is not requirement that a trademark owner must hire a trademark attorney before filing a trademark application at the United States Patent and Trademark Office (USPTO), hiring a trademark lawyer can save time, money and …
Trademark dilution occurs when an inherently distinctive trademark, such as a fanciful or arbitrary trademark, is used on unrelated goods or services. Unlike likelihood of confusion trademark cases, trademark dilution allows standing to owners of famous trademarks to prevent others from using their trademark in a way that would lessen the trademark’s uniqueness regardless of …
Fraud on the United States Patent and Trademark Office occurs when a material and knowing misrepresentation is made by the trademark applicant or their trademark attorney during to the trademark application process. If a trademark owner knowingly makes a misrepresentation of material fact during the trademark application process, they have committed fraud on the United States Patent …
Trademark owners must act vigilantly in order to avoid their trademark becoming generic. Individuals and business entities cannot obtain trademark protection for the generic terms of their goods or services. For example, a computer manufacturer cannot get a trademark for COMPUTER in connection with manufacturing computers. Apart from not being inherently distinctive, refusing trademark protections for …
Section 2(e) of the Lanham Act bans geographically descriptive or misdescriptive trademarks trademarks from federal trademark registration absent a showing the trademark has become distinctive. Under section 2(e) of the Lanham Act, when an Examining Attorney determines that a trademark is primarily geographically descriptive or misdecriptive, he or she will refuse the trademark application to proceeding to a …
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Successfully registering a trademark can happen as quickly as in seven months or can take several years. Registering a trademark with the United States Patent and Trademark Office (USPTO) will take nearly up to a year even in the best circumstances. If there are multiple errors, back forths between the USPTO and the trademark applicant or if …
The most important things to know when selecting a trademark are a) choose an inherently distinctive mark, and b) conduct a trademark search before using the mark. People starting a business and marketing experts brainstorm long and hard when selecting a trademark. There is no magic way to come up with an effective trademark or …
Trademark rights arise by merely using a company or product name in commerce, however, trademark registration give added legal protections to trademark owners. Most people believe that a person or company only owns a trademark if they have a trademark registration, however, merely using a trademark in commerce creates common law trademark rights. Common law trademark …
In some rare instances, trademark owners may need to voluntarily cancel their trademark registration. If a trademark owner decides to voluntarily surrender their trademark registration, they can do so as outlined by Section 7(e) of the Lanham Act, also known as the Trademark Act. The process to surrender a trademark registration is fairly straightforward. Trademark owners who …
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To “trademark” a name, such as a company or product name, companies need to apply for a federal trademark registration with the United States Patent and Trademark Office. What many people and companies do not realize is that by simply using a name to sell a product or service, they already own common law trademark …
Section 2(e) of the Lanham Act bans geographically descriptive or misdescriptive trademarks trademarks from federal trademark registration absent a showing the trademark has become distinctive. Under section 2(e) of the Lanham Act, when an Examining Attorney determines that a trademark is primarily geographically descriptive or misdecriptive, he or she will refuse the trademark application to proceeding to a …
Geographically Descriptive and Misdescriptive Trademarks Read More »
What standard to USTPO Trademark Examining Attorneys apply to their Likelihood of Confusion analysis when reviewing trademark applications? The primary purpose of trademark law is to allow consumers to quickly identify the maker of goods or the provider of services by a familiar name, logo or any other identifying source indicator including things such as …