For many individuals, businesses, and organizations trademarks are one of their most important assets. Whether seeking to identify, register or protect a trademark such as a company or organization's name, a logo, or a slogan, our law firm works with clients to assure protection and the development of a strategy that can last.
What is a Trademark?
A trademark is a sign or symbol capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights. Trademark can be nominative (words), mix (words and logos), figurative (logos), sound trademarks, audiovisual (video), and tridimensional (also known as trade dress).
Read our post here: Decoding the Trademark Application Fee
What is the best trademark?
A trademark is the "best" when it reflects the message and purpose of the owner, whether it is an individual, a business, or an organization. Additionally, when it comes to word trademarks, there best are made of invented words because they are the most unique. The higher level of distinctiveness of a trademark the better. There are four levels of distinctiveness when it comes to word trademarks: generic (nor protectable), descriptive (might be protectable to some level), suggestive, fanciful, and arbitrary. The best strategy to register an effective trademark is to conduct a clearance search and to understand the process of selecting the right one. Trademark Registration, Common Mistakes No One Talk to You ABout - Download Here.
The Trademark registration process
A federal trademark registration is obtained by filing an application, along with the requisite fee, with the U.S. Patent and Trademark Office (USPTO). An application may be filed on either Principal Register or Supplemental Register and is examined/prosecuted in the USPTO by one of many staff trademark attorneys.
If there are any grounds for refusing an application, the examiner will raise them in an Office Action. The examiner's objections must be fully resolved or withdrawn for the application to proceed to publication. Once a Principal Register application is published, third parties may object to the application by filing a notice of opposition with the Trademark Trial and Appeal Board (TTAB). The application will proceed to registration if no opposition is filed or if an opposition is withdrawn or successfully defended. Supplemental Register applications proceed directly to registration once published. You can download our guide here!