Listen to David Discuss “Understanding the Business of Registering a Trademark”
David is frequently a guest on the nationally syndicated The Small Business Advocate® radio show hosted by Jim Blasingame. On this episode they discuss “Understanding the Business of Registering a Trademark.” Give it a listen, it will be worth your time!
Listen to David Discuss the Process of “Naming a Product or Service”
Having trouble coming up with a good name for your product or service? No worries, this is very common and there are a lot of resources to help guide you through the process so you come up with something meaningful and catchy, while avoiding blending in with the crowd. So please listen to this interview before ordering a search containing anything like Apex, Summit, or any name containing the term “cloud.” This is a 3-part interview (Part I, Part II, Part III) on the nationally syndicated The Small Business Advocate® radio show hosted by Jim Blasingame. Enjoy, and get your creative juices flowing!
What is a specimen?
A specimen is a sample of how the trademark is being used in commerce. In other words, a specimen is an actual example of the trademark that captures exactly how it would be encountered by purchasers of the goods or services. Proper specimens for goods include labels or tags affixed to the goods, containers for the goods, or a display associated with the goods. For services, a proper specimen may include advertisements, brochures, billboards, handbills, direct-mail leaflets, menus (for restaurants), or web pages that advertise services.
Yes, marks consisting of foreign wording may be registered as trademarks in the United States. However, under the doctrine of foreign equivalents, the foreign wording may be translated to English when the USPTO examines the trademark application.
What is trademark infringement?
Trademark infringement occurs when a business uses the same or similar name in commerce in a way that may lead to confusion with the trademark owner’s service/product. Trademark infringement is based on this element of “confusion” that is a function of the mark’s meaning. In general, infringement does not require the infringer to be a competitor, but infringement requires a similar product. If there has been an infringement of your trademark, you can file a claim under the federal and state laws. As the plaintiff, you have the burden to prove that the use of a similar mark by the defendant has created a likelihood of confusion.
No. An US registration protects your rights only within the geographic territory of US. For protection in foreign countries, you need to register your mark internationally.
The applicant should receive a response to the application from the USPTO within six months from filing the application. However, the total time for an application to be processed may be anywhere from a year to two years.
What is the term of a trademark registration?
A trademark registration can have an eternal life provided (a) the mark is put in continuous use in trade or commerce, (b) the owner regularly files Affidavits of Continued Use or Excusable Nonuse, and (c) the owner regularly files the Applications for Renewal. The term of a federal trademark is usually 10 years, with 10 year renewal terms. Affidavits of Continued Use or Excusable Nonuse must be filed between the fifth and sixth year after the date of registration.
If the applicant fails to use the mark in commerce and file the Statement of Use within thirty-six (36) months of the mailing date of the Notice of Allowance, the USPTO will not register the mark.
Can I make more than one extension request?
Yes. You can file a maximum of 5 Extension Requests. The USPTO permits filing of Extension Requests every six (6) months for up to 30 months. This means you must use the mark and file a Statement of Use within three (3) years of the date the Notice of Allowance issues.