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The Nice Agreement, established the international system of classifying goods and services for trademark applications into forty-five different trademark Classes. One requirement of the trademark application process is for trademark applicants, often through their trademark attorney, must select what goods (products) and/or services they use in connection with their applied for trademark. In 1957, much of the …

International Trademark Goods/Services Classification System Read More »

Trademarks that are merely deceptively misdescriptive of the goods or services of the trademark applicant, the mark can only be registered if secondary meaning under Section 2(f) of the Lanham Act. Section 2(e)(1) of the Lanham Act prohibits trademark registration to marks that are “merely …  deceptively misdescriptive” when used in connection with the applied for goods …

Merely Deceptively Misdescriptive Trademarks Read More »

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 …

Do I Need a Trademark Lawyer? Read More »

The Doctrine of Foreign Equivalents treats trademarks in different languages with the same meaning as equivalent. The Doctrine of Foreign Equivalents, in trademark law, states that when a trademark in a different language has the same meaning as an already existing trademark, the likelihood of confusion analysis will treat the trademarks as having the same meaning …

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Service marks, often considered a subset of trademarks, act to distinguish the services of one business entity from those of a different business entity. Trademark vs. Service Mark Many people in the public, and even legal trademark scholars, use the word trademark to cover both trademarks and service marks, however there is an important and …

What is a Service Mark? Read More »

The Supplemental Trademark Register does not enjoy all the same benefits as the Principal Trademark Register but is still worthwhile for trademark owners. The Principal Register at the United States Patent and Trademark Office (USPTO) is where trademark owners want their trademarks to be registered. However, in some cases that is not possible. That is where the Supplemental Register …

Benefits of the Supplemental Register Read More »

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 …

Do I Need a Trademark Lawyer? Read More »

The TTAB, a neutral body within the USPTO, decides appeals, oppositions and cancellations The Trademark Trial and Appeal Board (TTAB) is a neutral body within the United States Patent and Trademark Office (USPTO) consisting of 26 highly qualified judges. The TTAB functions as a court that hears appeals regarding the registrability of trademarks, opposition cases, and cancellation proceedings. …

What is the Trademark Trial and Appeal Board? Read More »

Class 35 provides a broad range of business services including advertising and marketing services, business consultation, and retail store services. Trademark Classes Background One of the main requirements of the trademark application process is for trademark owners to identify what goods and/or services are used in connection with. For example, Uber must identify they use their …

Trademark Class 35 – Advertising, Retail, and Business Services Read More »

Trademark Class 5 consists of pharmaceuticals, supplements, vitamins, veterinary supplies, baby food, bandages and more. Trademark Classes Background A key piece of the trademark application process at the United States Patent and Trademark Office (USPTO) is for trademark applicants to identify what goods and/or services they use their trademark in connection with and what goods and/or services they …

Trademark Class 5 – Pharmaceuticals, Supplements & Medical Dressings Read More »

There are many factors to consider when deciding if it is time to file a trademark application. A trademark application should be filed sooner rather than later, because once it is too late, an owner may lose out on many of the benefits of a federal trademark registration.  A common question businesses and trademark owners …

When to File a Trademark App Read More »

If you receive a trademark cease and desist letter, the worst thing to do is ignore it and hope it goes away. Any day a person or company receives a trademark cease and desist letter is never going to be a good day. The initial shock, panic, anger and other emotions can be overwhelming. When …

What to do when you Receive a Cease & Desist Letter Read More »

Trademark owners that neglect enforcing their trademark rights can lose their ability to enforce their trademark rights in the future due to laches as a defense or loss of a distinctive trademark in a crowded field. When trademark owners neglect enforcing their trademark rights, they risk losing their rights altogether for two reasons: 1) the …

Why is Trademark Enforcement Crucial? Read More »

The ® symbol is the international symbol for a trademark registration. On product packaging, billboards, online and elsewhere, companies will place the registration symbol, ®, after company or product names, logos, slogans and more as long as they are registered trademarks. It is best practice for companies to always properly mark their trademark registrations with …

What is the ® Symbol? Read More »