In the United States at least, registration is not a requirement for trademark protection, because trademark rights exist when a trademark is used in connection with the sale of goods and services. If that is the case, then why register? One good reason is that it allows a brand to expand across the country more easily. Without a registration,Read More…
What is a Common Law Trademark?
You may have heard of common law marriage, but have you heard of common law trademarks? Common law trademarks are trademarks that exist even if they are not officially registered with a trademark office. Trademark rights in the United States are created from using a mark in connection with specific goods and services, not necessarily from registering it. ThisRead More…
What is a Trademark Monitor?
Many trademark owners will set up a “monitor” to be notified if others are applying to register similar trademarks. The monitors can send an alert when a new application is filed or when it is published for others to oppose. So when you apply to register “Air Jordan” for your new line of shoes, chancesRead More…
How Long Can I Extend A Trademark Application?
If you are not yet using a trademark, but have a legitimate intent to use it, you can still apply to register it with the USPTO. However, if your application is allowed, you eventually do have to provide evidence that you are using the trademark. Typically you have six months after allowance, but that deadline can beRead More…
Can A Generic Term Be A Trademark?
No. A “generic name” is typically the name of the product or service itself, as opposed to a brand name for the company that provides the product or service. If a term is “generic,” it cannot identify and distinguish the products of only one seller, which is what a trademark does. But context matters. A termRead More…