Easy Guide — How to Use New TESS to do “Advanced Searches” in “Expert” Mode
The New TESS Search website looks a bit different! On November 30, 2023, the United States Patent and Trademark Office (“USPTO”) officially retires their clunky,
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The New TESS Search website looks a bit different! On November 30, 2023, the United States Patent and Trademark Office (“USPTO”) officially retires their clunky,
Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. In a David versus Goliath battle, the Supreme Court issued
The cost to trademark in 2022 is $250 per International Class of goods and/or services. However, it may be $350 if a custom description is required. In addition, if you file an “Intent to Use” trademark, you will be required to pay $100 for a Statement of Use. This article discusses how the costs to file a a trademark can vary.
Starting on December 3, 2022, the new deadline for trademark Office Actions is three months. Recently, the United States Patent and Trademark Office (“USPTO”) amended
Arbitrary trademarks are common dictionary words that are unrelated to the goods or services sold under the trademark. Think of “APPLE” for computers or “SHELL”
A fanciful trademark is “coined” solely for the purpose of serving as a trademark and has no prior use with certain goods or services.
Choose one or more of 45 International Trademark Classes for your trademark. This Complete Guide breaks down each Classes’ goods or services.
A minor can register a trademark only if the domicile state allows the child to enter into legal agreements and to bring a lawsuit.
Yes, you can trademark a hashtag (#) so long as it functions as a source identifier and not simply as a means to organize topics or keywords.
Trademark Class 41 is a service class featuring entertainment, recreational, teaching, and educational services.
Yesterday, the United States Patent and Trademark Office (“USPTO”) sanctioned Trademark Terminal’s owners. Per the order, the USPTO plans to terminate all the trademark applications
A trademark Statement of Use is a sworn statement that provides proof of use in commerce via (1) a specimen and (2) a $100 fee/Class.
Using the right trademark symbols–such as the circled “R” (®), “TM” (™), or “SM” (℠)–tells the world what IP rights you claim. The circled “R” (®) symbol means “registered trademark.” The “TM” (™) symbol means unregistered or common law trademark claim. An “SM” (℠) symbol is similar to “TM,” but means “service mark.” The trademark symbols provide the public notice about what intellectual property (“IP”) rights you possess. Selecting the wrong symbol can come with penalties or undervaluing your mark.
In 2021, non-fungible tokens (NFTs) trademark filings at the UPSTO in reached 1,505, up from a paltry 15 filings in 2020.
Whether you can trademark a non-fungible token or NFT depends upon whether the NFT is part of a collection that serves as a source indicator.
How long a trademark lasts in the U.S. does depend on declaration and renewal filings. Trademarks are capable of perpetual existence, but must be renewed every ten years. In addition, a declaration between the 5th and 6th anniversary is required, and a declaration plus renewal is necessary during the 9th and 10th anniversary. While there is a 6 month grace period, please keep these dates in mind. This is repeated every decade so long as the trademark is in use.
If you used Trademark Terminal, you should contact an attorney immediately as the USPTO suspended their filings pending administrative review of potential fraudulent conduct.
You do not need to own an LLC to file a trademark. However, filing for an LLC first can give you two distinct advantages: (1) privacy; and (2) no need to reassign at a cost.
While the Supplemental Register affords slightly less protection than the Principal Register, it is still a powerful tool.
File an Intent-to-Use trademark application if your trademark is not currently sold alongside goods or services “in commerce.”
In order to revive an abandoned or dead trademark you must act quickly and file a Petition to Revive within two months or sixty days.
It takes twelve to eighteen months to register a trademark. However, the good news is that if your mark registers, protection is “retroactive.” That means trademark protection begins from the date of filing, and not the date of registration.
TEAS Plus or TEAS Standard? Pick the right application for your trademark. Select TEAS Plus if your goods and/or services appear in the Trademark ID Manual. If your goods and services are not in the Trademark ID Manual, then select TEAS Standard.
I. What are Trademarks and What Do They Protect?: The Definition of a Trademark What do trademarks protect? The definition of a “trademark” is:
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*Syed Law is located in Illinois, but serves clients in all 50 U.S. States because trademark law is practiced before the United States Patent and Trademark Office (“USPTO”).
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*Syed Law is located in Illinois, but serves clients in all 50 U.S. States because trademark law is practiced before the United States Patent and Trademark Office (“USPTO”).
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