It has been my experience over the years that people are generally confused about the differences between trademarks, copyrights, and patents. The general public tends to use these terms interchangeably as if they’re synonyms. Well, it is my hope that this brief article will clear up any confusion you might have about these three forms [...]
Does Owning a Federal Trademark Registration Mean I Can’t Be Sued For Trademark Infringement?
Many people assume that once they have a federal trademark registration, they can never be sued for trademark infringement. Unfortunately, trademark law doesn’t quite work that way. Even having a trademark registration does not guarantee that you have the right to use your trademark under all circumstances.
Trademark Registration Tip: What is a Request for Reconsideration?
As I have written about previously, it is very common to receive a communication from the Trademark Office within 3-4 months after submitting your trademark application. This communication is referred to as an “office action,” and it is basically a document that informs you of the status of your application. The office action will raise [...]
What is a Trademark License?
A trademark license is basically an agreement between a trademark owner (the “licensor”) and an individual or business entity (“the “licensee”) whereby the licensor grants the licensee permission to use the licensor’s trademark in connection with specific products or services. Although a trademark license is not required to be in writing to be legally enforceable, [...]
Trademark Tip: What is a Trademark Assignment?
A trademark assignment is simply the transfer of ownership of a trademark from one person or entity to another. In order for a trademark assignment to be valid and enforceable, it must include the underlying goodwill associated with the trademark (i.e. the value and name recognition). Otherwise, the transfer of ownership will be considered an [...]
Trademark Registration Tip: What is an Appeal to the Trademark Trial and Appeal Board (TTAB)?
You have the option of filing an appeal with the Trademark Trial and Appeal Board (TTAB) when the Trademark Office issues a final refusal to federally register your trademark. For example, let’s say you file a trademark application and the trademark examining attorney refuses registration of your mark on the basis that it is likely [...]
Trademark Registration Tip: What is a Request for an Extension of Time?
If you filed your trademark application on an intent-to-use basis, the Trademark Office will issue the Notice of Allowance once the 30 day opposition period has expired. You then have six months to show the Trademark Office that you are actually using your mark in commerce in connection with the products/services listed in your trademark [...]
Trademark Registration Tip: What is the Statement of Use?
If your federal trademark application was filed on an intent-to-use basis (i.e. your trademark was not in use at the time you filed your application), you must prepare and submit the Statement of Use before the Trademark Office will grant registration of your trademark. The Statement of Use is basically a sworn declaration that the [...]
How Long Does a Federal Trademark Registration Last?
Although a trademark can last forever so long as it is being used in commerce in connection with the advertising and sale of products or services, a federal trademark registration must be maintained and renewed periodically in order keep it in full force and effect. The good news is that preventing your trademark registration from [...]
What is a Trademark Cancellation?
A trademark cancellation is a legal challenge to the continued registration of a particular trademark. A trademark cancellation is instituted by filing a petition for cancellation with the Trademark Trial and Appeal Board and paying the required fee. In most cases, a cancellation must be filed within five years of the registration date listed on [...]
