Category Archives: Trademarks

The question of if use of a trademark in a domain name is trademark infringement is complicated. Typically domain ownership by itself is not a trademark infringement. Trademark infringement requires use in commerce that is likely to cause a likelihood … Continue reading →

CBD has become very popular in recent years. In 2018 the Federal government removed hemp and hemp products from being a Schedule I drug. However, the Farm Bill did not legalize or allow for the use of CBD as a … Continue reading →

Our trademark attorneys receive questions every week from clients asking if a letter they received requesting payment for a trademark renewal, trademark registration, or trademark database is a trademark scam. The answer is always either yes, this is a scam … Continue reading →

Trademarks that are listed as cancelled on the Trademark Office’s database are not always free for use. Trademark rights exist in three forms in the United States: common law trademarks, state registered trademarks, and Federally registered trademarks. A trademark owner … Continue reading →

From the time a trademark attorney files your application it typically takes between three (3) to six (6) months for the Trademark Examining Attorney at the Trademark Office to examine your trademark application. If the trademark examining attorney does not … Continue reading →

After your trademark application is approved by a Trademark Office Examining Attorney, it publishes in the Official Gazette for 30 days for third party opposition.  During this time any third party that believes it will be harmed by the issuance … Continue reading →

We frequently are asked by clients or potential clients if they can use a trademark or business name that is the same as a pre-existing company.  The answer is that it depends.  Trademark law protects the source identifying function of … Continue reading →

We are often asked by clients “can I trademark my t-shirt design?” The answer to this question is that it depends.  Trademarks protect the source identifying function of a name, word, or symbol.  Thus if you use a name that … Continue reading →

We frequently are asked by clients if a trademark bill they received in the mail or through fax is a real bill.  Typically these direct bills are scams, but if you receive a notice you should double check with your … Continue reading →

Should I get a state trademark registration or a federal trademark registration? Both state trademark registrations and federal trademark registrations are very beneficial to both individuals and companies.  State trademark registrations typically provide constructive priority throughout the state in which … Continue reading →

A Federal trademark registration (as opposed to a state trademark registration or common law trademark rights) provides constructive nation-wide notice that you are using a mark on the goods and/or services listed in your trademark registration.  In sum, the U.S. … Continue reading →

How do I get a trademark? While a Federal trademark registration or a state trademark registration is greatly preferred, in general, Trademark protection ensues under the common law of trademarks as soon you begin using the name, but only as … Continue reading →

How do I do a trademark search? The first step of getting a trademark is to see if there are likely to be conflicts with other marks.  The conflict is evaluated on the basis will the mark create a likelihood … Continue reading →

What if I want to have my mark registered in other countries? If your products are to be sold in other countries, you may wish to register trademarks in those countries. A Foreign Trademark Registration is generally acquired on a … Continue reading →

How long do trademark rights last? First, the continued validity of a trademark registration is dependent upon actual use of the trademark. In this sense, trademarks are not true property rights in that an express, or circumstantially proven, permanent intention … Continue reading →

There are several types of trademarks possible: common law, state, federal and foreign.  A federal trademark registration provides priority and protection on a nationwide scope and is excellent for companies that conduct business on the Internet serving consumers in multiple … Continue reading →