Tag: trademark
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Online Trademark Services: Good or Bad?
Let’s talk about filing a TM application without any help first. There is no doubt that any US person, including legal entity having address in the U.S., can file a trademark application without absolutely no help. The government agency handling trademark registration, the USPTO, provides ample resources including video clips to guide you through the…
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Trademark Maintenance: does trademark registration expire?
Maintaining registration calls for both administrative and executive action. Administratively, you need to file with the USPTO a showing that you’re still using the mark after 5 years of the registration, and every 10 years, you need to file a request for renewal. On the business side, you must continue using your mark at all times, even after the registration. This requirement…
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Trademark Registration: do I need to hire an attorney?
Getting a trademark, you can either “do it yourself” or hire a professionals. DIY option describes not only filing directly via TEAS at USPTO.gov but also using commercial services under $100. Let’s compare these two options. Do it yourself Professional Help Mark Your choice of wording and design Likely a better wording and design Registration online trademark search/registration via…
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Standard Character mark v. Special Form mark
There are mainly two types of trademark, a standard one and a stylized one. A standard one (called a standard character mark) establishes your trademark rights to the written words of the mark whereas a stylized one (called a stylized/design mark) to the expression of the words in a certain way. For example, “Coca-Cola” is a brand name of a certain soda…
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Trademark Office Action: how to respond
Office Action calls for a legal writing. When there is problem with your trademark application, the Office will issue an OA. There could be multiple instances of OA per application while many trademarks get registered without any. Sometimes, a simple change to your application can fix the problem, so the only thing you need to is agreeing…
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You’ve got to “use” your trademark
Let’s take a look at an interesting story: By the time Apple Inc. debuted iPhone in January 2007, the prefix “i” had already become a thing of Apple. The inauguration of iMac series dates back in 1998. In 2003, iPod was a mega hit. Lesser known than Apple, however, there was a startup called InfoGear Technology Corporation, which developed an internet phone technology, called “iPhone.”…
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For DIY TM Applicants: What’s a Strong tradeMark?
There is a “strong mark” and a “weak mark”. You don’t need to know all legal distinctions as to different types of marks, but you want to have a strong mark, right? Here’s a shortcut to get to the goal. For a starter, you don’t want to choose a mark that’s fairly similar to what’s already out there.…
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Marketing Starts From Naming
Many low-end products tend to say exactly what it is. On the other hand, high-end products are very subtle. Have you ever bought a crappy good carefully wrapped inside a sophisticated package? Well, more likely than not you weren’t careful. The thing is there is a tiny market for a fancy looking crappy product. In…
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How to Deal with Cease and Desist Letter (Patent or Trademark Infringement Allegation)
When you run a business, there is a chance that one day you receive a letter claiming that you are infringing someone else’s trademark or patent rights. It’s commonly called a “Cease and Desist Letter.” Sending a Cease and Desist Letter (“C&D letter”) is a legitimate practice of enforcing one’s intellectual property (“IP”) rights. When…
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What is Trade Dress?
When it comes to trademark (or servicemark), brand names, symbols, and logo designs are the first things to come to your mind. However, there are other types of trademarks that are protected. For example, a sound or packaging is also protected by the trademark law. Among those, trade dress refers to packaging and other product…