faq

Trademarks vs Car insuranceThere are three similarities and three differences between trademark registration and car insurance. Let's start with similarities first. Number one - you MUST do both even though you don't want to do either. So both are necessary "evils." You've got mandatory car insurance. You don't have mandatory...

How to Trademark a NameBefore we get into the actual formula, let me make a couple of remarks. So, we call TMs into Rs a brand protection formula. TM refers to an unregistered trademark, which means you yourself think it's your trademark. You don't need a lawyer to do that...

The Process of Becoming Certain and Committing, and How it Relates to TrademarksHow many times has somebody given you a perfectly logical explanation of why you needed to do something for your business? You agreed it made perfect sense. You said it yourself, “Yes, this is something I should do,...

After the Opposition PeriodWhat happens if, after missing the opposition period, another party believing they have a prior right realizes the trademark is in force? They could go to court and petition the judge to find your trademark registration is invalid and belongs to them. However, in support of predictability...

They are pronounced like "niece" for Nice as a city, not like "nice" as in "oh, how nice!" So most countries in the world have adopted a system where they group all possible products and services into 45 categories that they call classes. So there are 34 classes, or categories,...

How Are Official Marks Different?The main difference between Official Marks and other trademarks is that they do not represent any particular goods or services; They cover everything. For example, if a university registers an official mark for that name, they can prevent anyone from using it as their trademark....

What Happens?Some party files a statement of opposition petitioning the trademark office not to register your mark because of any number of reasons. Usually, they believe your registration will hurt their rights or legitimate interests. It is your responsibility to respond and prove that your reasons for registration outweigh...

What Is An Ornamental Use Trademark?The U.S. Trademarks Office doesn't like it. It’s a trademark that can’t be registered because it’s used as an ornament or design. Ornamental Trademarks DefinitionOrnamental trademarks are what the Trademarks Office says are unregistrable because they don't perform the function...

It’s a story we’ve heard many times before when someone with an idea for a trademark is beaten to the punch by another quicker applicant. It’s something of a hidden trademark cost in that slowness to act is punished over the faster applicant. Will the trademark examiner...