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US Trademark Law: Registration, Intent-To-Use & Not Filing

December 16, 2020 No Comments

Depending on what stage of business development you are in will determine if it’s time to file for US trademark registration, if you can put it off to a later date, or, depending on the nature of your business, whether or not you need to file at all. Instances Where You May Not Need To File Is The Use Of Your Mark Limited? In other words, will your product/service use be limited to a specific location? In US trademark law, businesses get common law rights to a name the moment it is used in commerce – this is all legitimate even without registering with the USPTO. The thing to keep

How Much Does It Cost to Get a Trademark Registration?

December 8, 2020 No Comments

If you’ve reached the point where you know registering your trademark is the prudent thing to do for you or your business, your next most pressing question is what is the cost going to be? With all my clients, the short term concerns of paying the legal fees to get a US trademark registration may seem a bit overwhelming, but the ounce of cost upfront will save pounds of infringement fees later. Trademark registration costs can basically be broken down into two major categories. 1) Filing Fees and 2) Attorneys Fee’s. Filing Fees The USPTO charges a filing fee for every trademark registration application filed with their office. The fee

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The Spectrum Of Distinctiveness In US Trademark Law

December 4, 2020 No Comments

Understanding The Spectrum You may have heard that “anything can be trademarked”, but this is far from the truth in US trademark law. There is a common term in the trademark world – The Spectrum Of Distinctiveness – which classifies marks into 5 basic categories: Generic, Descriptive, Suggestive, Arbitrary, Fanciful. This is essentially a spectrum where, on one end, you have zero chance for trademark registration and, on the other end, your chances are almost guaranteed. This also comes with implications as to the scope of protection your mark will get by law. Meaning on the low end, little-to-none; on the high end, as much protection as possible. One thing that

Trademark Approval - idaho falls attorney

3 Things You Probably Didn’t Know About US Trademark Registration

November 4, 2020 No Comments

You Need To Provide Examples Of Your Products/Services When you file for US trademark registration with the USPTO and your mark personifies a number of products or services, you are going to have to provide examples – in USPTO lingo, “specimens” – of these products and services within three years of registration. Take, for instance, a company that offers anti-fog and car wax; this company will have to send images to the USPTO that shows these products bearing their trademark. If, on the other hand, a company provides services like massages or chiropractic work, they can provide a website detailing these services with a visible trademark – the more images

I Have An International Trademark, Do I Need To Register It In the United States?

September 25, 2020 No Comments

Do You Have An International Trademark? We often get inquiries or calls from clients informing us they own an international trademark registration in their home country. Whether it be England, Canada, Australia, or more. The first question these business owners often ask is: “Do I need to register my trademark in the United States if I own the trademark in my country?” The simple answer to this question is yes. International entities that plan to sell products or services in the United States will want to seek trademark protection within the US. We Can Help You Apply It To The United States The United States is a “First to Use”

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How Long Does it Take to Receive A Trademark?

June 22, 2020 No Comments

How long does it take? Business owners and entrepreneurs are often under the gun in meeting deadlines to push along their ventures. Whether it be a date for a product launch, a timeline for fulfilling a large purchase order, or something similar, these timelines are often looked at in matters of weeks. With most things in the realm of the law, however, these shorter timelines are not often realistic. So, the answer of how long it will take to receive your federal trademark registration after submitting your application depends on what situation you are currently in. These situations can generally be placed into two groups: 1) Currently Using Trademark in