Archive for the ‘General’ Category
Wednesday, June 24th, 2009
Many clients call my office asking if they can pay the U.S. Government an expedited or rush fee to make the trademark registration process go faster. Unfortunately, the answer to this questions is no.
Once a trademark application is submitted to the U.S. Government for review and approval, it takes between 6-18 months to receive a trademark registration certificate. There is no option to pay a rush or expedited fee to the USPTO to move the trademark registration process any faster. To many of my clients, waiting to see if the USPTO will approve their trademark seems like an eternity. A whole brand can be built in 6-18 months and to have the USPTO deny the trademark application at that time could be devastating.
The best solution to this problem is to hire a competent trademark attorney that can give you an opinion on the registerability of your proposed trademark. A trademark attorney can conduct a trademark search and give you an opinion on whether or not a proposed trademark is capable of registration with the USPTO.
Another piece of good news is that the USPTO trademark application process is first come, first servce. This means that your trademark carries all the weight of a registered trademark as of the date you file the trademark. No one else can try to register a same or similar trademark after the date of your filing, so long as your trademark application is ultimately approved by the USPTO.
Therefore, having the combination of a trademark attorney’s opinion that your trademark will most likely be approved by the USPTO and the fact that you have priority on your trademark as of the filing date should provide some sense of ease to a trademark applicant.
For more information on conducting a trademark search or registering a trademark contact Attorney Josh Gerben at Trademark Armor.
Tags: expedite trademark registration, trademark application, trademark registration, trademark registration process, trademark search
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Wednesday, June 17th, 2009
Many clients call my office wanting to know if their trademark is “available” for registration. The only way to determine if a trademark is available is to conduct a US trademark search. A US trademark search can be conducted on the Web site of the United States Patent and Trademark Office (www.uspto.gov).
While anyone can go on the USPTO Web site to conduct a trademark search, it is virtually impossible for an unskilled searcher to determine if a US trademark is capable of achieving registration. This is because the USPTO search engine is not robust enough to do a thorough US trademark search without the skill of an experienced searcher. In order to determine if a US trademark is capable of achieving registration, the US trademark searcher must break down the trademark into multiple parts and look for similar marks in categories containing related goods. Therefore, it is highly recommended that a US trademark lawyer is hired to conduct a US trademark search.
Moreover, in addition to the federal trademark database, a US trademark search must include a US state trademark search and a US common law search in order to provide full legal clearance for use of the trademark. This is because under US trademark law if someone has registered a trademark with a state or simply begun use of the trademark in commerce (i.e. a common law trademark), that person or company may have certain rights that could interfere with a federal trademark. Therefore, a complete US trademark search also includes a search of state and common law databases.
Once the US trademark search is complete, only a US trademark lawyer can interpret the results to provide an opinion on whether or not a US trademark is capable of achieving registration.
For a complete US trademark search please visit www.trademarkarmor.com
Tags: register a trademark, registering trademarks, searching for a trademark, trademark registration, trademark registration process, trademark search, us trademark search
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Monday, June 8th, 2009
If you are considering whether or not to trademark a logo you should contact a trademark attorney. While obtaining a trademark on a logo is certainly helpful, you could be setting yourself up for a large trademark problem in the future.
The reason potential danger is afoot when you trademark a logo is that many individuals are under the impression that they can trademark a logo and trademark a name in the same trademark application. For example, if your logo and name are one in the same, many individuals suspect they only have to make one trademark filing. The problem with only making one filing is that if your logo were to ever change (i.e. you went through a re-branding in the future) you could actually lose the trademark rights in your name as well.
The reason for this is that trademarks have a use requirement. If you do not use a trademark someone else can petition the trademark office to have your trademark canceled. This means that if you “re-brand” and ever discontinue the exact use of the logo that you filed as a trademark, the entire trademark could be canceled. Therefore, the name that was a part of the trademark filing would also be canceled, which would open the door for someone else to register the same or similar name as a trademark.
The best advise when it comes to obtaining a trademark on a logo is to file two trademark applications. File one application to trademark your logo and a second application to trademark your name. This will ensure that your trademark name is always protected even if your logo changes in the future.
For more information on how to trademark a logo, click on the link below.
Tags: register a trademark, registering trademarks, trademark a logo, trademark a name, trademark application, trademark registration, trademark registration process
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Thursday, June 4th, 2009
Many international clients call my law firm to find out just how to register a trademark in the USA. To register a trademark in the USA a company or individual must draft and file an application with the United States Patent and Trademark Office.
While this USA trademark application can be completed by anyone, I highly recommend to potential clients that they retain my firm to complete their trademark application. The reason I recommend retaining a USA trademark attorney to draft and file a trademark application is because there are many technical and legal elements hidden in the USA trademark application. If certain information is not entered correctly, it could lead to rejection of the USA trademark application and loss of any priority established on the trademark.
Moreover, to register a trademark in the USA it is imperative to first conduct a USA trademark search. If a trademark search is not conducted prior to an attempt to register a trademark in the USA a client may not be aware of a pre-existing federal, state or common law trademark that could result either in the rejection of a USA trademark application or in a limitation of the client’s rights in their trademark. Therefore, to register a trademark in the USA I recommend to potential clients that they retain my law firm to assist them in conducting a proper USA trademark search and then for the drafting and filing of the USA trademark application.
Once a USA trademark application is filed, a client must then wait for the U.S. Government to review and approve their application. It generally takes about 8-10 months to register a USA trademark from the date the application is filed. However, so long as the USA trademark application is ultimately approved, the trademark rights start on the date the USA trademark application was filed. Therefore, when a client wants to register a USA trademark to protect their rights, they can be assured that no one will be able to attempt to register a USA trademark that is similar to theirs after the date of their USA trademark application filing.
To get started with the process to register a USA trademark please follow the link below.
Tags: application for trademark, register a trademark, register us trademark, registering trademarks, searching for a trademark, trademark application, trademark registration, trademark registration process, trademark search, us trademark registration, us trademark search
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Friday, May 29th, 2009
Many clients call to ask me what is the best trademark search and filing package available to protect their trademark. When trademarking a name or logo I always recommend that clients choose our comprehensive trademark search and filing package. This is because a comprehensive trademark search and filing package is the only package that can provide a true legal clearance of a trademark.
A comprehensive trademark search and filing package includes not only a search of federal trademark filings to ensure no one else has filed for a federal trademark, but also includes a search of each state’s trademark database and a search of all unregistered use of the proposed trademark. The reason this comprehensive trademark search and filing package is so important is that if anyone else had made a state trademark filing or simply had used my client’s proposed trademark in commerce (i.e. common law use of the trademark) prior to the filing date of my client’s trademark with the United States Patent and Trademark Office, this individual or company would have the right to keep my client from using the trademark in the geographic region in which the trademark was being used prior to my client’s federal trademark filing. This could severely limit my client’s ability to use their trademark as they desire.
Therefore, it is only a comprehensive trademark search and filing package that can give full legal clearance for use of a trademark. If a client elects only to conduct a federal trademark search on their trademark they may not know about a state registration or common law use of their proposed trademark which could limit their trademark rights.
For more information on Gerben Law Firm’s comprehensive trademark search and filing package please contact Attorney Josh Gerben at (202) 294-2287.
Tags: application for trademark, register us trademark, searching for a trademark, trademark a logo, trademark a name, trademark registration process, trademark search, us trademark registration, us trademark search
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Wednesday, May 27th, 2009
Many of my clients are surprised to learn that the U.S. trademark registration process can take from six to eighteen months to be completed. In today’s fast paced economy many of my clients want to know if there is a way to expedite the US trademark registration process.
Unfortunately there are no expedited fees that can be paid to make the U.S. trademark registration process move any quicker. The fact is that every U.S. trademark application must be reviewed by a trademark examining attorney with the United States Patent and Trademark Office (USPTO). Because of the large volume of trademark applications received by the USPTO it generally takes four months just for the US trademark application to reach a US trademark examining attorney. Once the examining attorney reviews the U.S. trademark application, if he/she does not have any problems with the proposed U.S. trademark registration, then the trademark application must go for a thirty day period of public comment. It is only after this period of public comment closes can the U.S. trademark registration be issued.
Therefore, a successful U.S. trademark registration can be accomplished in as little as six months, however, many U.S. trademark applications require additional steps. For example, the trademark examining attorney may require additional clarifications on the application. Or, the attempted US trademark registration may be rejected on one of many grounds. A trademark rejection may always be appealed, however, this adds multiple months to the process.
To ensure that a client’s US trademark registration attempt avoids these pitfalls, I generally encourage clients to complete a comprehensive trademark search to ensure that the trademark application will not be rejected based on a pre-existing similar trademark. In addition, I highly recommend clients follow my advice on the completion of their U.S. trademark application to ensure the process goes as smoothly as possible. At the end of the day, the US trademark registration process affords clients great protection on their trademarks, it just requires the patience of Job.
Tags: application for trademark, register a trademark, register us trademark, registering trademarks, trademark attorney, trademark registration, trademark registration process
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Monday, May 18th, 2009
I get a lot of inquiries from international clients wondering if they can file a U.S. trademark even though they are not a U.S. based company. The answer is yes. The United States Patent and Trademark Office does not have any special requirements for a non-U.S. company to register a U.S. trademark.
This is especially welcome news to international clients who are attempting to register a US trademark. It allows the protection of valuable US trademarks without any cumbersome requirements (except of course proving that you are using the US trademark in the United States to sell a product or service).
However, it should be noted that international clients who are attempting to register a United States trademark should consult a U.S. attorney before filing a U.S. trademark. This is because conducting a US trademark search and properly completing a US trademark application are tasks that only an attorney based in the United States can properly complete.
I have represented many clients from overseas in protecting their U.S. trademarks. It is extremely important to conduct a US trademark search and complete and file a US trademark application prior to commencing business in the United States. Many international companies are surprised to learn that a similar U.S. trademark may already exist and bar the use of the trademark they use in their home country here in the United States. However, with proper planning expensive lawsuits can be avoided and clients can properly protect their trademarks in the United States.
If you are an international business looking to register a U.S. trademark please feel free to call Gerben Law Firm to find out how we can assist you in properly protecting your U.S. trademark.
Tags: trademark application, trademark registration process, us trademark, us trademark application, us trademark registration, us trademark search
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Thursday, May 14th, 2009
Many clients call me with a simple question: “Should I trademark my name?” The answer is, almost all of the time, “yes.” Obtaining a trademark on your name not only protects your name from potential trademark infringers, but also helps you ensure that no one else has been using your trademark prior to your use of the name.
When you undertake the process to trademark your name, a good trademark attorney will recommend that your first conduct a trademark search on your name. This is because if someone else has filed a trademark for the same or similar name prior to your now imminent trademark application, the United States Patent and Trademark Office can deny your trademark for your name. Therefore, the process of obtaining a trademark on your name is a good way to slow down and ensure the name you have selected can be used without infringing on another company’s trademark rights.
The second reason that the answer is almost always “yes” to the question of “should I trademark my name” is that when you obtain a trademark on your name you obtain the presumption of national ownership on the name. This is extremely important to a company that plans to expand in the future. For example, even if your company’s operations today are only in New York and Pennsylvania, a trademark can help you expand to California in the future without any problems. Let’s say that you expand to California in five years only to discover someone else has been using your name as their trademark. If you had obtained a trademark on your name you can force this other company to stop using the name as their trademark (so long as their use began after the date you filed for your trademark). If you had not obtained a trademark on your name, the California company could continue to legally used your name in California and force you not to use the name as your trademark in the California market. Therefore, obtaining a trademark on a name is extremely important if you plan to expand outside of your current market.
As you can see, when you trademark a name it gives you a national right to use the name (and prevent others from using the name) as of the date your trademark application is filed. After the filing date (presuming the trademark is ultimately approved) no other company can claim a trademark right superior to yours in the name. In today’s competitive marketplace a trademark of a name can be an extremely valuable asset to any company.
Tags: application for trademark, name trademark, name trademarks, trademark a name, trademark application
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Friday, May 8th, 2009
I get a lot of calls from potential clients that start with the simple question, “how do I get a trademark.” The short answer is that you must file an application with the United States Patent and Trademark Office (the “USPTO”). The USPTO is the U.S. Government office which is responsible for issuing federal trademarks.
To get a trademark you must submit a trademark application for your business name, logo or slogan to the USPTO. However, to get a trademark you will first want to conduct a trademark search of the USPTO trademark database. This is because if someone already has registered a trademark that is the same or similar to your proposed trademark, the USPTO may deny your trademark application. In addition, you may want to do more than just a trademark search of the USPTO database. A comprehensive trademark search would include a search of not only the USPTO database but also a trademark search of each state’s trademark database for trademarks registered in individual states and for common law trademarks (i.e. trademarks that have not been registered). This is because even if you get a trademark registration from the USPTO, if another company has used your trademark prior to your trademark application filing date, this company would be able to prevent you from using your federal trademark in the geographic area in which they used the trademark prior to your trademark application filing date.
Therefore, the answer to “how to get a trademark” is best answered in two parts. First, to get a trademark you should conduct a comprehensive trademark search to make sure that your trademark application will not be denied or that there is not another prior user of your trademark that would prevent your use of the trademark in a specific geographic location. After the trademark search clears the trademark, you may then complete the second step to get a trademark, which is the filing of your trademark application.
For more information on how to get a trademark for your business click on the “Register Your Trademark” link below.
Tags: application for trademark, how to get a trademark, register a trademark, searching for a trademark, trademark application, us trademark application, us trademark search
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Monday, May 4th, 2009
The trademark registration process is longer than many of my clients initially realize. The filing of a trademark application is just the beginning of the trademark registration process which can last from 6-18 months or even longer. The trademark registration process takes so long because each application must be reviewed individually by a trademark attorney at the United States Patent and Trademark Office (“USPTO”). Due to the volume of trademark applications received by the USPTO it takes between 6-18 months to process an application.
Many of my clients find this troubling since they are unsure if they should make a large investment in marketing a trademark before the trademark registration process is completed and the trademark registration certificate is issued by the U.S. Government. However, even the largest companies must rely on their attorney’s advice as to whether their trademark will be approved by the United States Patent and Trademark Office during the trademark registration process. And sometimes that advice can lead to a trademark application being denied. For example, Google’s recent trademark application for “Android” for a cell phone browser was denied by the USPTO for being confusingly similar to an existing trademark. Since Google could not wait the 6-18 months for the trademark registration process to be completed, Google made a significant investment in marketing Android. The denial of the trademark application after such a significant investment was made no doubt causes difficulty for Google.
Due to the cold realities of the trademark registration process, I advise my clients that there is always risk involved with the trademark registration process. Much like any other legal proceeding, no trademark attorney can guarantee the success of a trademark application. However, I can provide my clients with very valuable advice as to whether a trademark application may be approved or denied. By conducting a thorough trademark search that only an experienced trademark attorney can conduct, I can help clients assess whether or not their trademark application is likely to be approved or denied.
The bottom line is that the trademark registration process is just another part of the risk of being in business. There is nothing any trademark attorney can do to take away all the risk in the trademark registration process, but a trademark attorney can certainly help minimize the risk businesses face in this daunting process.
Tags: Add new tag, application for trademark, expedite trademark registration, register a trademark, register us trademark, registering trademarks, trademark registration process, trademark search, us trademark application, us trademark registration
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