Six Tips for Avoiding a USPTO Trademark Office Action

CMRS Law Trademark

Previously, I wrote about two important considerations to keep in mind when selecting a trademark: (1) avoid creating a likelihood of confusion with a pre-existing trademark and (2) select a legally strong mark. In addition to those two considerations, there are several other issues to keep in mind if you want to register your mark with the United States Patent …

Do I Need an Attorney to Register a Trademark?

CMRS Law Trademark

As a trademark attorney that has filed multiple trademark applications with the United States Patent and Trademark Office (USPTO), I can tell you that this article should really be entitled “Do I Want to Maximize My Chances of Actually Getting My Trademark Registered While Reducing My Chances of Losing my Nonrefundable Filing Fee or Incurring Additional Costs?” Unfortunately, that title …

Stopping Cyber-Squatters with the Uniform Domain-Name Dispute-Resolution Policy (UDRP)

CMRS Law Internet Law, Trademark

Imagine a website pops up with your business’s name in the domain (or a common misspelling of your name).  The page starts to show up on the front page of Google when customers search for your business and upon first glance looks like your website, easily confusing your customers.  Maybe the purported owner of this new domain contacts you offering …

The Business Name I Want to Use Doesn’t Show Up in a Trademark Search. Am I Free to Use It?

CMRS Law Trademark

No.  Unlike patent rights, trademark protection does not only arise from registration.  Most trademark protection begins when the trademark is used in commerce.  When your business starts selling a product under a particular name, you are afforded some trademark protection. Who Has Priority in a Name? Priority in a trademark attaches on a first use basis.  If your business starts …

What do I do if Another Business is Using My Business’s Name?

CMRS Law Trademark

No company wants to lose business to a competitor using a name similar to its own.  Such a use can cause confusion among your customers and wrongfully associate your business with an inferior product.  What should you do when this happens and how do you prevent it from happening? When Another Business is Using Your Name The first thing you …

Patent, Trademark, or Copyright: Which Does Your Business Need?

CMRS Law Copyright, Trademark

Wondering whether your business needs a copyright, a patent, or a trademark?  Unsure as to which one you need?  Don’t worry, you’re not the first.  The type of intellectual property protection your business needs depends upon the subject matter you are trying to protect.  To ensure you are completely protected, it is important that you know what type of protection …

Top 10 Benefits of a Trademark Registration

CMRS Law Trademark

Federal trademark registration is not required to claim your business’s name or logo as a trademark but it does offer your business the most protection.  Using your name or logo in commerce without a federal registration gives you limited trademark rights in your geographic area but federal registration with the United States Patent and Trademark Office (USPTO) has several advantages, …

Selecting a Strong Trademark: The Four Types of Marks

CMRS Law Trademark

When selecting a trademark, there are two important considerations: (1) avoiding the likelihood of confusion with other marks and (2) selecting a “strong” mark in the legal sense.  A likelihood of confusion will occur when your mark is the same or similar to another mark that identifies related goods or services.  Whether or not a mark is “strong” in the …

How Do You Trademark a Name or Logo?

Elliott Stapleton Trademark

How can I protect the name of my company, my logo, or slogan? You probably plan to invest time and resources in the creation of a positive reputation for your business. The value of that reputation is stored within your company’s name, its logo, or slogan. To protect this investment you will need a Trademark. How do I get a …

Can a Trademark be transferred or assigned?

Elliott Stapleton Trademark

Yes, a registered Trademark can be assigned or transferred; subject to some restrictions on Intent-to-Use applications.  Assignments must be recorded with the United States Patent and Trademark office. If a business is sold in full, the Trademark will be transferred along with the company.  If, however, the sale is an asset purchase agreement, an assignment will be necessary.  This type …