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 […]

Comments on: Trademark Distinctiveness

In order for a word, name, phrase, symbol, design, or other device to function as a trademark, it must be distinctive.  Otherwise, it is not a trademark.  As such, the concept of “distinctiveness” is a crucial on in trademark law. In this regard, there are three categories of distinctiveness when it comes to trademarks.  First, […]

Joint Ownership of a TrademarkTrademark Services | Trademark Services

Occasionally, two individuals will seek to register a trademark as joint applicants.  Generally speaking, however, joint ownership of a trademark can create unintended consequences because joint applicants rarely understand the rights and duties associated with joint ownership.  Moreover, as opposed to joint ownership of other types of intellectual property, in some sense, the idea of […]

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The United States Patent and Trademark Office (“USPTO”) uses a field code called “Pseudo Mark.”  The Pseudo Mark field code is used to help users identify relevant trademarks related to their search.  Pseudo Marks contain spellings that are similar or phonetically equivalent to the word trademark.  For example, if “4U” appears in the trademark, the […]

Should a company include “llc” or “inc” in a trademark? | Trademark Services

Generally speaking, you should not include the entity designation as part of your trademark when you file your application. Often,  business owners confuse their business name (or trade name) with their trademark.  This confusion results in a trademark application for a trademark that includes an entity designation, such as “Inc.,” ” LLC,” or “Ltd.”.  Usually […]

Trademark Assignments Must Be In WritingTrademark Services | Trademark Services

15 U.S.C. § 1060 governs assignments.  Among other things, § 1060 requires that assignments be in writing: § 1060.  Assignment (a) (1) A registered mark or a mark for which an application to register has been filed shall be assignable with the good will of the business in which the mark is used, or with […]

Should I file a Trademark & a Patent to Protect my Business? | Trademark Services

Trademarks are used to distinguish a business’ goods or services from those of another and to identify those goods or services as coming from that particular business.  Since trademarks are used as symbols of a business’ goodwill and quality assurance regarding its goods or services, they can be a valuable property right.  Trademarks are one […]

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What is trade dress? Trade dress generally refers to two aspects of a product:  (1) the total image of a product, which can include features such as a product’s size, shape, color, texture, and graphics and (2) the product’s packaging or labeling.  Trade dress can function as a trademark and, therefore, can receive similar protection […]