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 …

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 is an Ohio Trademark?

Elliott Stapleton Trademark

An Ohio trademark usually guarantees that protection in Ohio only.  With only the geographic specific protection for Ohio, a business owner may be limited for future growth into other states. A registered federal trademark protects the identifying name, words and symbols nationwide.  A federal trademark is preferable for an Ohio business owner. A federal trademark provides nationwide protection. We offer …