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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

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Canadian Businesses Now Required to Retain a U.S. Trademark Attorney

June 22, 2020 No Comments

Effective as of August 3, 2019, Canadian patent agents no longer have the authority to represent Canadians before the United States Patent and Trademark Office (USPTO). All Canadian trademark applicants, registrants, or parties must be represented by a licensed U.S. trademark attorney. Why has this rule been put in place? The U.S. trademark register plays a major role in how businesses make legal decisions regarding their brands. The USPTO needs the right tools to ensure all registrants and applicants are in compliance with trademark law. For the benefit of its users, registers must maintain accuracy and integrity. The reason for this change is the mounting number of foreign-domiciled trademark registrants,

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Should I Register the Trademark for My Business or Product Name?

June 10, 2020 No Comments

3 Questions to Consider for Your Situation for Trademark Registration Many business owners I speak to have at least considered this question of whether to seek registration of their trademark. Yet, what often happens is they can’t decide and then a more pressing issue arises and this concern gets delayed. This article will outline 3 simple questions to help you decide whether you should register your trademark. This can be done through the United States Patent and Trademark Office (“USPTO”). I know you’re probably thinking, “Of course an article written by a US trademark lawyer is going to tell you to register your trademark!” But the truth is, registration isn’t

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Trademark Law - idaho falls attorney

Starting A Business or Getting Ready to Launch a New Product?

June 4, 2020 No Comments

Important Legal Considerations to Evaluate Before Deciding on a Business or Product Name This article aims to help anyone ready to start a new business, brand, or product in deciding a name for their handiwork. With my experience as a trademark attorney, I see visionary entrepreneurs create incredible products or services. Although they fail to take the time to consider the legal implications of settling on a name for their creation. This oversight may lead to receiving a cease and desist letter from the owner of a similar product or service. The other owner may already hold trademark rights in the exact name of their choosing. Very few feelings can

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Popular Trademarks - idaho falls attorney

What Is A Trademark? How Does It Effect Me As A Business Owner?

April 30, 2020 No Comments

The most common misconception we get when we tell people we are trademark lawyers is that Trademarks/Patents/Copyrights are all the same. And this is totally understandable! All three of these distinct areas of law fall under the general umbrella of “intellectual property” law. So how do we describe the difference between trademarks, patents, and copyrights to those who don’t know? Before we give a definition, let’s talk about the purpose of trademarks. Let’s begin with the government’s perspective. To minimize consumer confusion, trademarks are vital. This helps the consumers from being tricked into buying a product from one brand thinking it was actually from another brand. Trademarking is about making

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