Brian Russ Law, Inc. Blog

Before registration, intent-to-use trademark applicants must demonstrate a genuine intent to use the trademark in commerce. This is accomplished by submitting a statement of intent to use the trademark, as well as an explanation of the steps that the applicant has taken or plans to take in order to begin using the trademark. Furthermore, the … Continue reading How Do Intent-To-Use Trademark Applicants Document Their Bona Fide Intent?

Yes, it is possible to use a last name as a trademark. A last name, like any other word or phrase, can be used to identify the source of goods or services and can be eligible for trademark protection if it meets the necessary requirements. In order to be eligible for trademark protection, a last … Continue reading Can You Use A Last Name As A Trademark?

A slogan or advertising phrase can, in fact, serve as a trademark. A trademark is any word, phrase, symbol, or design, or combination thereof, used in commerce to identify and distinguish one manufacturer’s or seller’s goods or services from those of others, as well as to indicate the source of the goods or services. A … Continue reading Can A Slogan Or Advertising Phrase Function As A Trademark?

Yes, third parties can present evidence to examiners to prevent trademark registration. During the review process for a trademark application, the United States Patent and Trademark Office (USPTO) will consider any relevant evidence that is presented by third parties, including evidence that suggests that the trademark is not eligible for registration. Third parties can present … Continue reading Can Third Parties Present Evidence To Examiners To Prevent Trademark Registration?

If a final refusal is issued in a trademark application, it means that the United States Patent and Trademark Office (USPTO) has determined that the trademark is not eligible for registration. A final refusal may be issued for a variety of reasons, including if the trademark is confusingly similar to an existing trademark, if the … Continue reading What If A Final Refusal Is Issued In A Trademark Application?

A certification trademark is a type of trademark that is used to certify that a product or service meets certain standards or criteria. Certification trademarks are typically used by organizations or trade associations to certify that a product or service meets certain quality, performance, or safety standards, or to certify that a product or service … Continue reading What Is A Certification Trademark?

Yes, there are differences between deceptive trademarks and deceptively misdescriptive marks. A deceptive trademark is a trademark that misleads consumers as to the nature, characteristics, qualities, or geographic origin of the goods or services being offered. A deceptive trademark is not eligible for trademark protection and cannot be registered with the United States Patent and … Continue reading Are There Differences Between Deceptive Trademarks And Deceptively Misdescriptive Marks?

There are several different types of trademarks that can be used to protect a business’s brand and reputation. Some common types of trademarks include: It is important to choose a trademark that is unique and distinguishable from the trademarks of others in order to maximize its effectiveness and protect the business’s brand and reputation. It … Continue reading What Are The Different Types Of Trademarks?

Trademark infringement is a concern when a person or entity uses a trademark in a manner that is likely to cause confusion among consumers about the source, sponsorship, or affiliation of the goods or services being offered. Trademark infringement occurs when a person or entity uses a trademark that is identical or substantially similar to … Continue reading When Is Trademark Infringement A Concern?

A product may bear a registered trademark symbol (®) once the trademark has been registered with the United States Patent and Trademark Office (USPTO) and the registration has become effective. The registered trademark symbol is used to indicate that the trademark has been registered and that the owner of the trademark has the exclusive right … Continue reading When May A Product Bear A Registered Trademark Symbol?

A United States trademark lasts for a period of 10 years from the date of registration, provided that the trademark is used in commerce and the required maintenance documents are filed with the United States Patent and Trademark Office (USPTO). In order to maintain a trademark registration, the owner of the trademark must file a … Continue reading How Long Does A United States Trademark Last?

Trademark registration renewal requirements vary depending on the specific circumstances of the trademark and the laws of the jurisdiction in which the trademark is registered. In general, however, trademark registration renewal requires the following steps: It is a good idea to consult with a trademark attorney or other professional to assist with the trademark renewal … Continue reading What Are The Trademark Registration Renewal Requirements?

After a federal trademark application is filed with the United States Patent and Trademark Office (USPTO), the application will undergo a review process to determine whether the trademark is eligible for registration. The review process generally includes the following steps: The review process can take several months or longer, depending on the specific circumstances of … Continue reading What Happens After A Federal Trademark Application Is Filed?

A trademark drawing is a visual representation of a trademark that is submitted as part of a trademark application. The trademark drawing is used to show how the trademark is being used in commerce and to provide a clear and concise visual representation of the trademark. There are a few different types of trademark drawings … Continue reading What Is A Trademark Drawing?

A description of goods or services is a specific and detailed list of the goods or services that are associated with a trademark. A description of goods or services is typically included in a trademark application in order to clearly define the scope of protection for the trademark and to identify the specific goods or … Continue reading What Is A Description Of Goods Or Services for Trademarks?

“First use in commerce” refers to the first time that a trademark is used in connection with the sale of goods or the rendering of services. The date of first use in commerce can be important for a number of reasons, including establishing priority of use and determining the scope of protection for the trademark. … Continue reading What Is First Use In Commerce for a Trademark?

“Use in commerce” refers to the use of a trademark in connection with the sale of goods or the rendering of services. In order to obtain a trademark registration, the applicant must demonstrate that the trademark is being used in commerce. The specific requirements for use in commerce will depend on the nature of the … Continue reading What Is Use In Commerce for Trademark Applications?

A trademark specimen is a sample of how a trademark is being used in commerce in connection with the goods or services specified in the trademark application. A trademark specimen is typically required when filing a trademark application with the United States Patent and Trademark Office (USPTO) in order to demonstrate that the trademark is … Continue reading What Is A Trademark Specimen?

A trademark statement of use is a document that is filed with the United States Patent and Trademark Office (USPTO) to demonstrate that a trademark that was the subject of an intent-to-use application is now in use in commerce. An intent-to-use application is a type of trademark application that is filed when the applicant has … Continue reading What Is A Trademark Statement Of Use?

When filing a trademark application with the United States Patent and Trademark Office (USPTO), you have the option to file either an in-use or intent-to-use application. The type of application you choose will depend on the specific circumstances of your business and the status of your trademark. An in-use trademark application is filed when the … Continue reading Should I File An In-Use Or Intent-To-Use Trademark Application?

If you have many trademarks, it can be helpful to prioritize which trademarks you want to register first. There are a few factors that you may want to consider when deciding which trademarks to register first: Ultimately, the specific priorities for your business will depend on your unique needs and circumstances. It is a good … Continue reading I Have Many Trademarks – Which Should I Register First?

It is generally a good idea to consider claiming color in your trademark application if color is an important element of your brand and is used consistently in the promotion and sale of your goods or services. Including color in your trademark application can help to protect the unique visual identity of your brand and … Continue reading Should I Claim Color In My Trademark Application?

When preparing a trademark application, it is generally a good idea to consider including both words and a logo in your application. This can provide the broadest possible protection for your trademark and can help to ensure that you are able to protect all of the elements that are used to identify and distinguish your … Continue reading Should I Include Words, A Logo, Or Both In A Trademark Application?

When deciding whether to apply for a state or federal trademark registration, it is important to consider the scope of protection that you need for your trademark and the extent of your business. State trademark registration is available in some states and provides protection for your trademark within the state where it is registered. State … Continue reading Should I Apply For a State or Federal Trademark Registration?

It is possible for a trademark to be registered for different goods or services by different owners. This is known as “co-existence” of trademarks. In general, as long as the goods or services covered by the two trademarks are not related or likely to cause confusion among consumers, co-existence of trademarks is permitted. However, if … Continue reading I Found My Trademark Registered For Different Goods or Services – Does That Create an Issue?

There are a number of reasons why you may want to consider hiring an attorney to help with your trademark. Some of the main benefits of hiring an attorney for your trademark include: Overall, hiring an attorney to help with your trademark can provide valuable legal and business benefits, and it can help to ensure … Continue reading Why Should I Hire An Attorney to help With My Trademark?

It is generally a good idea to trademark the name of your mobile app if you want to protect and promote your brand and to prevent others from using a confusingly similar name for their own app. Trademarking your app name can help to ensure that consumers can easily identify and distinguish your app from … Continue reading Should I Trademark The Name of My Mobile App?

Catchphrases can be eligible for trademark protection in certain circumstances. In order to be eligible for trademark protection, a catchphrase must be used in connection with goods or services, and it must be distinctive and capable of identifying the source of those goods or services. Catchphrases that are merely descriptive or that are commonly used … Continue reading Can You Trademark a Catchphrase?

It is generally a good idea to conduct a trademark search before filing a trademark application with the United States Patent and Trademark Office (USPTO). A trademark search can help you to determine whether your chosen trademark is available for use and whether it may be confusingly similar to any existing trademarks. Conducting a trademark … Continue reading Should I Conduct a Trademark Search Before I File My Application?

It is generally a good idea to conduct a trademark search before using a new trademark in connection with your products or services. A trademark search can help you to determine whether your chosen trademark is available for use and whether it may be confusingly similar to any existing trademarks. Conducting a trademark search can … Continue reading Should I Conduct A Trademark Search Before Using My Trademark?

If you receive a Trademark Office Action, it means that the United States Patent and Trademark Office (USPTO) has identified issues with your trademark application that need to be addressed before the application can be approved. A Trademark Office Action will typically include a detailed explanation of the issues that have been identified and will … Continue reading What Should I Do If I Receive a Trademark Office Action?

An important element of a trademark application is a specimen showing the use of the mark in commerce where the mark would be perceived as a source indicator of the goods or services. One of the most common mistakes for Class 25 specimens is somebody will slap a logo on the front of a shirt … Continue reading Acceptable Trademark Specimens for International Class 25 – Clothing

Trademarking your business name can provide a number of benefits for your company. Some of the main reasons to trademark your business name include: Overall, trademarking your business name can be an important step in building and protecting your brand, and it can provide valuable legal and business benefits for your company.

In the United States, the agency responsible for reviewing trademark applications is the United States Patent and Trademark Office (USPTO). The USPTO is a federal agency that is responsible for examining and issuing patents and trademarks, maintaining records of patents and trademarks, and providing information to the public about patents and trademarks. The USPTO has … Continue reading What Agency Handles the Review of Trademark Applications?

Trade dress is a legal term that refers to the overall appearance and packaging of a product or service. Trade dress can include elements such as the shape and design of the product or its packaging, the color and layout of the packaging, and other distinctive visual elements that are used to identify and distinguish … Continue reading What Is Trade Dress?

Choosing a strong trademark is an important step in protecting and promoting your brand. There are several factors to consider when choosing a trademark, including the following: It is also a good idea to consult with an attorney or a trademark professional to help you choose a strong trademark and to ensure that it meets … Continue reading How Do I Choose A Strong Trademark?

The ™ symbol is used to indicate that a word, phrase, symbol, or design is being used as a trademark. The ™ symbol does not indicate that a trademark has been registered with a national or international trademark office, but it can be used to alert others that the owner of the mark is claiming … Continue reading What Is The Difference Between The ™, ®, and © Symbols?

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. This includes the use of a mark that is identical or confusingly similar to an … Continue reading The Basics of Trademark Infringement

The United States Patent and Trademark Office (USPTO) is an agency of the U.S. Department of Commerce that is responsible for granting patents for new inventions and registering trademarks for goods and services. The USPTO is the federal agency responsible for administering the laws related to patents and trademarks in the United States, and it … Continue reading What is the USPTO?

A trademark is a word, phrase, symbol, or design that is used to identify and distinguish the source of goods from those of others. A service mark is similar to a trademark, but it is used to identify and distinguish the source of services rather than goods. Both trademarks and service marks are used to … Continue reading What Is The Difference Between a Trademark and a Service Mark?

A nunc pro tunc trademark assignment is a legal document that retroactively assigns ownership of a trademark from one party to another. The term “nunc pro tunc” is a Latin phrase that means “now for then,” and it indicates that the assignment is being made retroactive to a date in the past. Nunc pro tunc … Continue reading What is a Nunc Pro Tunc Trademark Assignment?

A trademark is a word, phrase, symbol, or design that distinguishes the source of goods or services of one party from those of others. A trademark can be used to identify and distinguish products or services in the marketplace, and to indicate the source of those products or services. Trademarks can be registered with national … Continue reading What Is A Trademark?

Here’s a table outlining the small claims filing fees for California courts, updated as of December 7, 2022: Filing Type Relevant Code Section Filing Type Filing claim for $1,500 or less CCP 116.230(b)(1) $30 Filing claim for more than $1,500 but less than or equal to $5,000 CCP 116.230(b)(2) $50 Filing claim for more than … Continue reading 2022 California Small Claims Filing Fees

See below for an example of a successful Section 2(d) Office Action response we provided in response to a trademark Office Action where the USPTO decided the applied-for mark was too similar to an existing mark. The Office Action response successfully overcame the Office Action, allowing the mark to proceed to registration. The full record … Continue reading 2022 Sample USPTO Office Action Response to overcome a Trademark Office Action for §2(d) Likelihood of Confusion

Thanks to smart phones, many people are more connected than ever. Furthermore, social media also offers an outlet for boosting your marketing efforts. But this convenience can come at a price: using trademarks without authorization is often like walking unprotected through a minefield. What is Innocent Trademark Infringement? Innocent trademark infringement is when someone accidentally … Continue reading Innocent Trademark Infringement Can Result In Brutal Lawsuits

Looking for a permission to legally use or sell a trademark or business name that’s already been used? Need to file an application as a trademark applicant? Brian Russ Law, Inc. have you covered!195 characters

The Difference Between a Service Mark and Trademark. If you need help determining what type of trademark or service mark your business needs, give Brian Russ Law, Inc. a call.

What Is A Trademark? A trademark is an identifying word, phrase, symbol, or design, which identifies and distinguishes the source of the goods. Common law trademarks arise in the course of business and are used in interstate commerce. A trademark may be entitled to protection if it is distinctive enough that consumers recognize it as … Continue reading What Is A Trademark?

[This transcript is a result of automated audio transcription from the video posted below. For help from Brian Russ Law, Inc. with a debt collection defense or wage garnishment problem, visit http://www.BrianRussLaw.com or call 888-632-6623. Grammatical errors may be present in the transcript below. This transcript is for informational purposes only and may not be … Continue reading How to Stop a Bank Levy or Wage Garnishment

[This transcript is a result of automated audio transcription from the video posted below. For help from Copyright Trademark Lawyer Brian Russ, visit http://www.CopyrightTrademarkLawyer.com or call 888-632-6623. Grammatical errors may be present in the transcript below. This transcript is for informational purposes only and may not be relied on as legal advice.] Hey everyone this … Continue reading Trademark Classes of the United States Patent Trademark Office

[This is a transcript is a result of automated audio transcription from the video posted below. For help from Brian Russ Law, Inc. a law firm defending against debt collection, visit http://www.BrianRussLaw.com or call 888-632-6623. Grammatical errors may be present in the transcript below. This transcript is for informational purposes only and may not be … Continue reading Debt Collection Notice After Statute of Limitations – §1788.52(d)(2)

[This is a transcript is a result of automated audio transcription from the video posted below. For help with debt collection matters in from a California debt collection lawyer, contact  our office by following this link or call 888-632-6623. Grammatical errors may be present in the transcript below. This transcript is for informational purposes only … Continue reading Can You Be Sued for A Charged Off Debt?

Check out our guest post on small claims published by our friends at Dale Jensen Law.

The statute of limitations is a law that puts a time limit on court cases. Both criminal and civil cases can have a statute of limitations. Statutes of limitations vary by case type and location. For example, in Florida, a prosecutor has four years to file a criminal case against a person charged with fraud. … Continue reading What Is the Statute of Limitations?