A trademark is a word, phrase, symbol, or design, or a combination of these elements, that is used to identify and distinguish the goods or services of a business from those of another. The elements of a trademark can include: What is the importance of conducting a trademark search? Conducting a trademark search before launching a […]

Trademark maintenance refers to the ongoing actions that a trademark owner must take in order to keep their trademark registration active, valid and enforceable. This includes using the trademark in commerce, monitoring for and taking action against infringing uses of the trademark, and renewing the registration every ten years. One important aspect of trademark maintenance is […]

A federal trademark opposition is a legal proceeding before the United States Patent and Trademark Office (USPTO) in which a person or entity (the “Opposer”) seeks to prevent another person or entity (the “Applicant”) from registering a trademark. The Opposer argues that the trademark sought to be registered by the Applicant is likely to cause confusion […]

A USPTO trademark Office Action is a formal letter issued by an examiner at the United States Patent and Trademark Office (USPTO) in response to an application for a trademark registration. The letter will typically include a list of issues or problems that the examiner has identified with the trademark application, such as a likelihood of […]

Trademark monitoring is important because it helps to ensure that a person or company’s trademarks are not being used without permission, which can dilute the strength of the trademark and damage the company’s brand. Additionally, trademark monitoring can help a person or company identify and take action against potential infringements, which can prevent legal disputes and […]

Enforcing a trademark involves taking legal action to prevent others from using your trademark or a confusingly similar mark without your permission. To enforce a trademark, the owner must first determine if there is standing to claim trademark infringement. This can be done by conducting a trademark search to see if there are any similar marks […]

Planning For The Trademark Search Whether seeking to register a federal or state trademark, planning for the trademark search is a fundamental first step for any business owner or entrepreneur intending to launch a new service or product in the marketplace.  We cannot emphasize strongly enough the importance of planning for a trademark search prior to […]

Trademark cancellations are legal proceedings in which a party seeks to cancel a registered trademark. A trademark cancellation proceeding can be initiated by either the owner of the trademark or a third party who believes that the trademark should not have been granted registration. If a trademark is cancelled, it is removed from the trademark registry […]

A trademark assignment is the transfer of ownership of a trademark from one party to another.  Trademark assignments can be done voluntarily, by agreement between the parties, or by operation of law, such as a merger or acquisition of a company. When a trademark is assigned, the new owner will be able to use the mark […]

A federal trademark registration is a form of intellectual property protection in the United States that is granted by the United States Patent and Trademark Office (USPTO). A federal trademark registration gives the owner exclusive rights to use a particular trademark in connection with the goods or services specified in the registration, throughout the entire United […]