What are the benefits of a trademark attorney? Securing a trademark is a critical step in building and protecting your brand. While it may seem straightforward, the process can be surprisingly complex. That’s where a trademark attorney comes in. These legal professionals specialize in trademark law and offer significant advantages that can save you time,
When it comes to trademarks, not all marks are created equal. While some trademarks are inherently distinctive and easily protectable, others face challenges during the registration process. One of the most common hurdles involves marks that are deemed “merely descriptive.” In this article, we’ll explore what merely descriptive marks are, why they face scrutiny, and
A suggestive trademark is a mark that hints or implies something about the goods/services sold under the mark without explicitly stating them. Put differently, these marks allow consumers to use their imagination to make a leap from the mark to the underlying goods/services.
Examples of Suggestive Trademarks
Some notable examples of suggestive trademarks are:
Today, the Supreme Court unanimously provided an opinion on a First Amendment and trademark matter finding that The Lanham Act’s “names clause” that “[c]onsists of or comprises a name . . . identifying a particular living individual except by his written consent,” 15 U. S. C. §1052(c) does not run afoul of the
A Notice of Allowance is a document from the USPTO informing you that you can file a Statement of Use and/or Extension of Time within 6 months from the date of issuance. The USPTO will send the Notice of Allowance to you or your attorney via email. As illustrated below, the Notice of Allowance is
In 2024, the trademark process timeline to registration can take between twelve to eighteen months at the United States Patent and Trademark Office (“USPTO”). The average time can be found at the USPTO processing time site–as of writing it is 14.7 months. That is why it is crucial to have an experienced trademark
In 2024, the cost to file a trademark name is $250 per International Class unless a custom description is required, in which case it is $350. Generally, the United States Patent and Trademark Office (“USPTO”) charges $250 per International Class of goods and/or services. However, if a custom description is necessary, the cost to trademark a name
Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. In a David versus Goliath battle, the Supreme Court issued a landmark ruling against Andy Warhol’s Foundation last week.
SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph
SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph
Starting on December 3, 2022, the new deadline for trademark Office Actions is three months. Recently, the United States Patent and Trademark Office (“USPTO”) amended its Rules of Practice under the Trademark Modernization Act (“TMA”) of 2020. The new rules shorten the old, six-month deadline to three months.
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Arbitrary trademarks are common dictionary words that are unrelated to the goods or services sold under the trademark.
Think of “APPLE” for computers or “SHELL” for gasoline.
Both terms have common dictionary meanings, but that meaning is unrelated to the goods or services provided. An arbitrary trademark is one of five other United States Patent
