Trademark Videos, FAQs &
Additional Trademark Information
A trademark is any word, phrase, symbol, design, or combination thereof that identifies your products and/or services and distinguishes your brand from your commercial competitors. Establishing brand recognition in the marketplace through strong trademarks that are registered with the United States Patent & Trademark Office (USPTO) is one of its most important and valuable assets of any business. Similarly, once a business or individual obtains a federal trademark registration, they have a duty to be pro-active and police the relevant marketplaces in which the products and/or services travel. If you or your business is interested in obtaining a federal trademark registration, or if you or your business is interested in learning more about trademarks and how they can add value to your business, this pages offers a variety of videos that discuss some of the more popular topics on trademarks and also answers many of the trademark questions that have been asked over the years. If you would like to talk to one of our trademark attorneys, please do not hesitate to call, email, or complete one of our contact forms. Our trademarks attorneys generally respond to all inquiries within one business day.
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Frequently Asked Questions
Myth – A State Business Registration Grants Trademark Protection
A widespread myth or misconception in the realm of trademark law is the belief that registering a business name with a state agency automatically provides trademark protection. This misunderstanding likely arises from a lack of knowledge about the [...]
Myth – A Trademark Registration Covers All Goods & Services
A common myth or misconception about federal trademark registration is the belief that once a trademark is registered with the United States Patent and Trademark Office (USPTO), it will cover all goods and services across all trademark classifications. [...]
Myth – USPTO Trademark Registration Is Mandatory
A prevalent myth or misconception surrounding trademarks is the belief that a federal trademark registration issued by the United States Patent and Trademark Office (USPTO) is mandatory to protect a trademark. This misunderstanding may arise from a lack [...]
Myth – Trademark Registration Grants Worldwide Protection
A USPTO-issued federal trademark registration only provides protection within the United States. To protect your trademark in other countries, you need to register the trademark in each jurisdiction where you want protection. One common myth or misconception regarding [...]
How To Report Trademark Infringement on Amazon
Trademark infringement on Amazon occurs when a third-party seller uses a trademark that is identical or confusingly similar to a registered trademark belonging to another party. Some examples of trademark infringement on Amazon include: Selling counterfeit products: [...]
How Does Amazon Brand Gating Protect Your Products?
Brand Gating refers to a process used by Amazon to control and limit the number of third-party sellers that are allowed to sell a particular brand's products. This is done to ensure the authenticity of the products being [...]
What Are Ex Parte Appeals?
The Trademark Trial and Appeal Board (TTAB) is a specialized administrative body within the United States Patent and Trademark Office (USPTO) that handles disputes related to trademarks. An ex parte appeal with the Trademark Trial and Appeal Board [...]
What are the Penalties for Trademark Infringement?
The penalties for trademark infringement can vary depending on the specific circumstances of the case and the laws of the jurisdiction in which the case is being heard. Let's first start with understanding what trademark infringement is: The [...]
What are the Defenses to Trademark Infringement?
The defenses to trademark infringement are arguments that can be raised by the alleged infringer to defend against a claim of trademark infringement. Some of the common defenses to trademark infringement are: Fair Use: You can argue [...]
How do I Prove Trademark Infringement?
Trademark infringement is a violation of the exclusive right granted to a trademark owner to use their trademark in commerce. To establish trademark infringement, the following elements must be shown: (1) that the plaintiff owns a valid trademark; [...]
What is Trademark Infringement?
Trademark infringement is the unauthorized use of a trademark that is identical or substantially similar to a registered trademark, in a manner that is likely to cause confusion or deceive consumers as to the origin of goods or [...]
What Is Trademark Cybersquatting?
Trademark cybersquatting is the act of registering, trafficking in, or using a domain name that is identical or similar to a distinctive trademark or service mark of another party, with the intent to profit from the goodwill of [...]
What Are Trademark Remedies Under Trademark Law?
The range of remedies for trademark infringement, trademark dilution, and false advertising under the Lanham Act include Injunctions: A court may grant an injunction to stop an infringing party from using a trademark in a manner that [...]
What is False Advertising of Trademarks?
False advertising is a form of unfair competition under the Lanham Act. It occurs when a company makes false or misleading claims about its products or services in advertising or other commercial speech. False advertising can take many [...]
What Is Trademark Dilution?
Trademark dilution is a form of trademark infringement under the Lanham Act. It occurs when a trademark is used in a way that lessens its unique qualities, even if the use does not cause consumer confusion as to [...]
What Is A Trademark Cease & Desist Letter?
A trademark cease and desist letter is a legal demand letter sent to an person or business that is using a trademark or trade name in a manner that is likely to cause confusion or trademark dilution with [...]
What Is An Actual Use Trademark Application?
An Actual Use trademark application is a type of trademark application filed with the United States Patent and Trademark Office (USPTO) when the applicant has already begun using the trademark in commerce in connection with the specified goods [...]
Does eBay VeRO Protect Trademarks?
The eBay Verified Rights Owner (VeRO) Program is a way for intellectual property owners to report listings on eBay that are selling counterfeit, infringing, or otherwise unauthorized items. The VeRO program is designed to help protect the rights [...]
Does Etsy Reporting Portal Protect Trademarks?
The Etsy Reporting Portal is designed to prevent intellectual property infringement by providing a way for intellectual property owners to report suspected infringements on the Etsy marketplace. This helps to ensure that products listed on Etsy are legitimate [...]
Does Walmart Brand Portal Protect Trademarks?
The Walmart Brand Portal was designed to prevent intellectual property infringement by providing brands and manufacturers with tools and resources to monitor their products and intellectual property on the Walmart marketplace. This helps to ensure that products listed [...]
Does Amazon Brand Registry Protect Trademarks?
The Amazon Brand Registry was designed to prevent intellectual property infringement by providing brands and manufacturers with tools and resources to manage their products and intellectual property on the Amazon marketplace. The program is intended to help ensure [...]
What Is An Intent To Use Trademark Application?
An Intent to Use (ITU) trademark application is a type of trademark application filed with the United States Patent and Trademark Office (USPTO) when an applicant has a bona fide intention to use a trademark in interstate commerce, [...]
What Is The USPTO Supplemental Register?
The USPTO Supplemental Register is a secondary register of trademarks maintained by the United States Patent and Trademark Office (USPTO). It is a list of trademarks that have not yet achieved full protection on the USPTO Principal Register [...]
What Is The USPTO Principal Register?
The USPTO Principal Register is the primary register of trademarks maintained by the United States Patent and Trademark Office (USPTO). It is a list of trademarks that have been granted the highest level of protection under U.S. Trademark [...]
Can I Register Different Versions of the Same Trademark?
Yes, many people mistakenly assume they can only apply to register one trademark, but you can apply to register many different versions of the same trademark - word marks, design marks, word plus design marks, sound marks, collective [...]
Should I Trademark a Word Mark, a Design Mark or Both?
Before diving into the answer, it is important to first understand the differences between a word mark, a design/logo mark, and a composite mark (word plus design/logo). What Are The Different Types of Trademarks? A word mark is [...]
What are the Different Types of Trademarks That May Be Registered?
As a preliminary note, many people mistakenly assume they can only apply to register one trademark, but you can apply to register many different versions of the same trademark. It all depends on what your trademark looks like, [...]
What Is A Fanciful Trademark?
Along with arbitrary trademarks, fanciful trademarks are generally the easiest to register with the USPTO (United States & Trademark Office). Fanciful trademarks are also afforded the broadest scope of trademark protection. A fanciful trademark is a made-up word [...]
How Long Does it Take to Register a Trademark?
Registering your trademark is a complex procedure that involves your application moving through various stages of prosecution. More information on general timelines for registering a trademark can be viewed here - Current trademark processing wait times.
What are the Benefits to Having a Trademark Registered with the USPTO?
Having a federally registered trademark creates valuable trademark rights. Learn more what that entails here.
How Does a Trademark Differ from a Patent or Copyright?
A common misconception is that having a trademark means you legally own a particular word or phrase and can prevent others from using it. However, you don’t have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services.
How Long Will It Take NexTrend Legal To Search & File My Trademark?
Our trademark attorneys can perform and complete a comprehensive state and federal (including all US territories) trademark search within 3 business days. Once the trademark search is completed, we will provide you with a detailed trademark search report [...]
How Long Does A Trademark Registration Last?
A federal trademark could last forever. The length of an initial trademark registration is 10 years. There are post registration maintenance documents that must be timely filed between the 5th and 6th years of registration, and there are [...]
Is a Service Mark Identical to a Trademark?
The word “trademark” can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.
Is Trademark Registration Mandatory?
Registration of your trademark is not mandatory; however, trademarks on the USPTO Principal Register receive significantly stronger protection than state trademark and unregistered or “common-law” trademarks. That said, most brand registry programs either strongly suggest of require an online seller to obtain a federal trademark registration before enrolling in their programs.
Do I Need To Be A US Citizen To File A Federal Trademark With The USPTO?
No. An applicant located outside of the United States may file for a United States trademark registration on the same basis as a US citizen or US business. However, if you are foreign-domiciled, you are required to use a US trademark attorney to file your trademark-related submissions with the USPTO.
What Can Be Trademarked?
As the United States Patent & Trademark Office (USPTO) defines it, a trademark is any word, phrase, symbol, design, or a combination of these things can be trademarked as long as the word, phrase, symbol, or design identifies the source of the goods and/or services in order to distinguish them from the goods and/or services of another
Who Governs Federal Trademark Registration?
The United States Patent and Trademark Office (USPTO) governs and oversees the application and registration of federal trademarks in the United States.
What Does It Mean for Trademarks to be “Used” in Interstate Commerce?
"Used in interstate commerce" refers to the use of a trademark in connection with goods or services that are sold or transported across state lines. To be considered "used in interstate commerce," the trademark must be used in [...]
What is a Trademark Office Action?
Once you submit your Trademark Application, the United States Patent & Trademark Office (USPTO) examining attorney will need to decide if the trademark is eligible for registration. If the mark is deemed ineligible for registration, or if the [...]
What should I do if I receive a Trademark Office Action?
Contact a Trademark Attorney! Office Actions can be complicated and your trademark lawyer will help you determine the nature of the Office Action (is the problem procedural or substantive) and the likelihood of surmounting it.
Am I Required to Use My Trademark Before Receiving a USPTO Registration?
Yes, you are required to use your trademark in interstate commerce with the goods or services applied-for before the USPTO will register the trademark. In other words, you must be using the trademark in connection with the goods or [...]
Do all trademarks enjoy the same protection?
Under Trademark Law, not all trademarks are created equal, and so not all trademarks are entitled to protection. The extent of trademark protection depends on whether the trademark is a common law, state or federal trademark registration. Protection [...]
How Can I Make Sure My Trademark Remains Protected?
To maintain your trademark registration with the United States Patent & Trademark Office (USPTO) and ensure its protection in the marketplace, you should: Use the trademark continuously in commerce. File the appropriate trademark maintenance documents with the [...]
Can foreign-domiciled applicants or registrants make submissions to the USPTO without an attorney?
Trademark rule requires domicile address for all filers and also requires foreign-domiciled applicants and registrants to have a U.S.-licensed attorney. If you are foreign-domiciled, you are required to use a US trademark attorney to file your trademark-related submissions with the USPTO.
What is a TTAB Proceeding?
TTAB is an acronym for Trademark Trial and Appeal Board. The TTAB is a neutral body that functions like a federal court for trademark matters at the United States Patent and Trademark Office (USPTO). The TTAB administrative trademark [...]
What is the difference between TM and the R within the circle ®?
Use of the TM and SM symbols may be governed by local, state, or foreign laws and the laws of a pertinent jurisdiction to identify the marks that a party claims rights to. The federal registration symbol, the [...]
Do I need an attorney to register my trademark?
Engaging a trademark attorney who is licensed to practice law in the US can advise you about many important legal issues. These include: Determining whether the chosen mark may be available for trademark registration; Determining the appropriate [...]
How Long Will it Take to Register My Trademark?
The time it takes to register a trademark with the United States Patent and Trademark Office (USPTO) can vary depending on a number of factors, such as the complexity of the application and the workload of the USPTO. [...]
Do I Need to Register My Trademark?
No, you are not required to register your trademark with the USPTO to have trademark rights. Common law trademark rights can be established through use of a trademark in commerce, regardless of whether the trademark is registered with [...]
Avoiding Illegal Trademark Assignment
Trademark ownership may be one of the most lucrative and recognizable assets for any major company. Even still, a trademark's life is incredibly fragile as any improper mishandling or illegal trademark assignment can completely invalidate the mark. Another important distinction that must be made between trademarks and other financial assets: trademarks require monitoring and care to maintain their value and legitimacy. An illegal trademark assignment often results as a lack of care for the upkeep of a trademark and may even be considered an assignment-in-gross.
How to Brand Your App
As mobile device applications are now comprising a multi-billion dollar industry, mobile marketing has now become a cutting-edge business tool and a premier branding resource. Smartphones are now the top form of communication. In fact, consumers spend close to 90% [...]
Can I Trademark A Sound?
In short, yes you can trademark a sound. The Lanham Act, states that a trademark is “any word, name, symbol, or device, or any combination thereof, used in commerce to distinguish his or her goods, from those manufactured [...]
Can You Trademark A Hashtag?
As part of our “Can You Trademark” series, we will look at a wide range of topics that entrepreneurs and businesses may be interested in obtaining a federal trademark registration for. This series is merely designed as a broad overview of [...]
Can You Trademark Cannabis Based Products?
As the cannabis industry in the United States grows and becomes more acceptable, medically and recreationally, our trademark attorneys are getting many inquires as to whether a business or individual can you register a trademark for marijuana products? [...]
How Net Neutrality can Affect your Business
The way the system has worked is we connect to the internet through a internet service provider (ISP) who gives us the information we want without allowing preferential treatment to some websites. Massive companies like ESPN or Netflix, [...]
