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
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What is a Notice of Allowance (Trademark)?
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
How Long Does It Take to Get a Trademark in 2024
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
How Much Does It Cost to Trademark a Name: 2024 Update
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
No Fair Use for Warhol Prince Photo
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
New Deadline for Trademark Office Actions
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 Trademark: What You Should Know (Video)
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
Fanciful Trademark: A Comprehensive Explanation
A fanciful trademark is the strongest trademark type and, in addition to providing examples below, we define it as one that is “coined” for the purpose of serving as a trademark. Of the four types of trademarks, fanciful trademarks receive the most protection from trademark infringement since:
Trademark Classes – Complete 45 International Classes List (Video Update)
There are 45 total Trademark Classes, also known as “International Classes” or simply “Classes.” The United States Patent and Trademark Office (“USPTO”) categorizes trademarks by “Classes.” The classification system is critical because trademarks identify a source of goods and/or services that distinguish the trademark from others.
A video of me explaining the trademark classes.
Each
Can a Minor Register a Trademark?
A minor can register a trademark only if the minor’s “domicile” state allows the minor, in the minor’s individual capacity, to (1) enter into legal agreements, or to (2) sue another or to face a suit. TMEP § 803.01. Here, the “domicile” state is the state that one intends to make their “principal home.”