Improper Use of Trademark Registration Symbol | Trademark Services
We frequently come upon a company using the trademark registration symbol ® in connection with a trademark that is not yet registered with the U.S. Patent and Trademark Office (“PTO”). Often, the company has filed a trademark application, believing that the mere filing of the application entitles it to use the registration symbol. However, the […]
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New Trademark Examination Guide Regarding UnitarinessTrademark Services | Trademark Services
The U.S. Patent and Trademark just released a new Exam Guide entitled Additional Considerations for Determining Whether Wording in a Mark Comprises a Unitary Phrase or Slogan for Purposes of Disclaimer. The new Exam Guide can be found at http://www.uspto.gov/trademarks/resources/Trademark_Exam_Guides.jsp The Exam Guide supplements Section 1213.05 of the Trademark Manual of Examining Procedure (“TMEP”) and […]
The USPTO Enhances Its Electronic Trademark Assignment SystemTrademark Services | Trademark Services
Recently, the United States Patent and Trademark Office (“USPTO”) announced enhancements to its Electronic Trademark Assignment System (ETAS). The enhancements include the following: Notices of receipt, recordation, and non-recordation will be sent by email when authorized The assignement documents can now be viewed on the USPTO’s website Entity type and citizen information for the receiving […]
Do I Need To Have A Trademark Attorney To File My Trademark Application?Trademark Services | Trademark Services
The U.S. Patent and Trademark Office (“USPTO”) does not require you to have a trademark attorney in order to file your trademark application. However, it is recommended that you have a trademark attorney. If you file your trademark application without the assistance of a trademark attorney, the USPTO will still require you to comply with […]
Designate the Correct Applicant in the Initial Trademark ApplicationTrademark Services | Trademark Services
A common mistake that unrepresented individuals and businesses make is designating the wrong applicant in a trademark application. An application to register a trademark must be filed in the name of the owner of the trademark. For applications that are based on use in commerce, this is the person or business that actually uses the […]
The USPTO Only Communicates With An Applicant’s AttorneyTrademark Services | Trademark Services
Trademark applicants sometimes ask to retain us as their attorneys for a trademark application and ask if they can remain the correspondent. Pursuant to 37 CFR Section 2.18(a)(7), they cannot remain the correspondent: Once the Office has recognized a practitioner qualified under §11.14 of this chapter as the representative of an applicant or registrant, the […]
The Difference Between a TEAS and TEAS Plus Trademark ApplicationTrademark Services | Trademark Services
When filing a trademark application through the U.S. Patent and Trademark Office’s (“USPTO”) website, an applicant can choose to file a regular TEAS or a TEAS Plus application. The first difference is cost. A TEAS trademark application will cost you $325 per class of goods or services. A TEAS Plus trademark application will cost you […]
Trademark Application Filing Date | Trademark Services
If you are not yet using your trademark and decide to file a trademark application, you will have to file the application based on your intent to use the trademark in interstate commerce. When you file your trademark, your effective filing date will be the date on which you filed the trademark application. However, if […]
The USPTO Releases New Version of The Trademark Manual of Examining ProcedureTrademark Services | Trademark Services
This month, the United States Patent and Trademark Office (“USPTO”) released the Eighth Edition of The Trademark Manual of Examining Procedure (“TMEP”). This latest edition can be accessed on the USPTO’s website. If you are wondering what changes were made in the latest edition, check out the USPTO’s Index to Changes. It goes through section […]