Intellectual Property Law

What's in a Comprehensive Common-Law

Posted on January 16, 2008
What's in a Comprehensive Common-Law Search? As part of a comprehensive name research, Common-Law sources should be checked. What makes a Common-Law search comprehensive?Here is a listing of SOME of the databases TradeMark Express checks in conducting a Common-Law search: * Over 16 million trade names are searched - yellow pages, corporations, DBA fictitious name filings, company directories, newspapers, trade journals, court records, tax records, municipal records, credit records, product databases, industry sources, etc...

What Is Common-Law? Most often

Posted on January 14, 2008
What Is Common-Law? Most often when one hears the term Common-Law, it's in reference to marriage. If that's what you're looking for, go here. Otherwise, keep on reading.First, let's start with the USPTO's definition:"Common law rights arise from actual use of a mark...

"The Name Game" Our pal, Phil

Posted on January 07, 2008
"The Name Game" Our pal, Phil Davis, of Tungsten Branding just announced his "informational naming/branding show" available on VoiceAmerica. Phil's been a colleague for a few years now & I'm always happy to endorse anything he does.Here are the details: "If you've ever had questions or concerns about your company's branding efforts, be sure to tune in each Tuesday, beginning January 8th on VoiceAmerica...

Breaking Records at the USPTOFor

Posted on January 07, 2008
Breaking Records at the USPTOFor the 2nd year in a row, the USPTO has surpassed their trademark related goals: "* USPTO's trademark examining attorneys examined a record 323,527 applications. * Quality was 97.4 percent. * The quality results exceeded fiscal year 2007 targets...

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Happy HolidaysWe'll be back bigger

Posted on December 20, 2007
Happy HolidaysWe'll be back bigger & better than ever for the New Year.Happy Holidays to you all!

These are not the Government Offices

Posted on December 05, 2007
These are not the Government Offices You're Looking For...Move AlongThe Trademark Blog has posted a pretty comprehensive list of private companies that send out official looking documents to new trademark applicants. Every new trademark applicant should know that any & all correspondence to be paid attention to will be coming from the USPTO, the US Patent & Trademark Office and nowhere else...

Jackpot! Gambling Themed Trademarks

Posted on November 30, 2007
Jackpot! Gambling Themed Trademarks The Masters are coming to a casino near you or so I assume based on the 3 newest filings from High 5 Games for gaming machines: MatisseRenoirVan Gogh Hasselhoff doesn't want to be hassled, as we all have heard, but he'll probably be fine with you feeding some quarters into the Don't Hassel the Hoff slot machine.

Trademark Application Timeline,

Posted on November 30, 2007
Trademark Application Timeline, Take TwoFederal Trademark Application Timeline, Intent to Use ApplicationFor In Use applications, read this post.Step 1: FileAssuming you've had all your comprehensive research completed & the name is clear, the first step is to file the application...

Trademark Application Timeline,

Posted on November 27, 2007
Trademark Application Timeline, Take One I spent a few posts detailing the various pieces of virtual paper it takes to get and keep a trademark this week. But I thought it'd be a good idea to detail a timeline of the trademark application process. Federal Trademark Application Timeline, In Use Application Step 1: File Assuming you've had all your comprehensive research completed & the name is clear, the first step is to file the application...

Hut 8, Hut 9, Hut 15!I haven't

Posted on November 27, 2007
Hut 8, Hut 9, Hut 15!I haven't a clue if I used the correct football reference but let's go with it because it fits with the subject of this post. :) I've been talking about the various application forms it takes to get your trademark registered but what about when it is registered?A trademark can be owned indefinitely as long as the applicant stays on top of all the various forms the USPTO requires...

Free Calendar of Bizarre PatentsPATEX

Posted on November 27, 2007
Free Calendar of Bizarre PatentsPATEX Research and Consulting Ltd., a patent research firm based in Canada, has published a free calendar for 2008 of bizarre patents. Click here for your very own PDF copy.Some of my favorites from the calendar:October's helmet mounted pistol - takes hands free to a whole new level...

Statement of Use/Amendment to Allege

Posted on November 26, 2007
Statement of Use/Amendment to Allege Use for Intent-to-Use ApplicationPicking up from yesterday's post, let's get further into the additional forms attached to filing an Intent to Use application.Once the Intent to Use application is filed, the USPTO will move ahead with the filing process as normal but once all the various red tape has been cut, they will need to hear from you that you're using the mark in commerce...

"What the world really needs is

Posted on November 26, 2007
"What the world really needs is more love and less paperwork." True words, Pearl Bailey, but when it comes to trademarks, paperwork is the fuel that keeps the trademark machine running. I'll devote a few posts to the different types of filings the USPTO requires...

What You Don't Want to See Picking

Posted on November 14, 2007
What You Don't Want to See Picking up from Friday's post, let's look at more definitions from the USPTO, specifically, the statuses you DON'T want to see on your application. * Abandonment: "An application that has been declared abandoned is 'dead' and no longer pending...

And Just What Does That Mean?

Posted on November 14, 2007
And Just What Does That Mean? Part One Picking up from yesterday's post, I thought it'd be a good idea to devote some time explaining the different status descriptions for Federal trademark applications. Any & all definitions can be found here but I thought it'd be nice for our readers to take it a step further and put these explanations in easy to understand language...

Do Your Due Diligence Once your

Posted on November 14, 2007
Do Your Due Diligence Once your Federal trademark application is filed, it's on you, the applicant, to keep an eye on your status, any emails & any requests from the USPTO. Failure to do so could result in your application becoming canceled, so this is important...

What Will the USPTO do for You?

Posted on November 14, 2007
What Will the USPTO do for You? (And What Won't They Do?)YES YOU CAN!Call them at (571) 272-9250 or (800) 786-9199 to request a status check of your Federal trademark application. Be sure to have your serial number handy.You can also call either number to get general information about the trademark process...

How to Trademark Your Clothing

Posted on November 05, 2007
How to Trademark Your Clothing LineAs promised in this post, I'll explore what's acceptable as a specimen as it pertains to clothing.When it comes to clothing, the best thing to send to the USPTO is either a tag or a label. This makes it clear that the name and/or logo is being used for a clothing line...

A lot of us here at TradeMark Express

Posted on October 25, 2007
A lot of us here at TradeMark Express have loved ones in Southern California & with all that's going on down there, well, talking about trademarks doesn't feel too important this week.However, I did want to take advantage of this forum & share some links offering further information...

Specimens: Not Just for Guys in

Posted on October 18, 2007
Specimens: Not Just for Guys in White Coats AnymorePicking up where we left off on Tuesday, I think it'd be a good idea to start with, well, starting. I recommend anyone looking into starting a clothing line to check out PowerHomeBiz's article about that very subject...

Trademark Your Clothing Line Easily

Posted on October 16, 2007
Trademark Your Clothing Line Easily one of the biggest industries we serve over at TradeMark Express is the clothing industry. Because of that, I thought it was high time to devote a few posts to the different facets of filing for a trademark for your clothing line...

Intellectual Property NewsTrademarksGigantic

Posted on October 05, 2007
Intellectual Property NewsTrademarksGigantic Goes After MDC's We Are Gigantic For Trademark InfringementWhy Two Museums Are Now Going at It Hammer and TongsCopyrightsU.S. Appeals Court Hears Copyright Infringement Lawsuit Against BeyonceRIAA Awarded $222,000 from First Individual Copyright Infringment TrialPatentsCourt seems to favor TiVo in patent battleU...

How to Protect Your Great Idea

Posted on October 04, 2007
How to Protect Your Great Idea It is not possible to protect ideas but rather the representation of that idea. To protect an original invention OR a significant improvement to an existing product, a patent would be filed. Click here for the USPTO's definition...

Any Sims ® Fans Out There?Looks

Posted on October 02, 2007
Any Sims ® Fans Out There?Looks like we'll have yet another expansion pack to look forward to - The Sims Carnival.Electronic Arts ® has filed a Federal trademark application with the USPTO for what looks to be the seventh expansion pack in the popular series...

Exciting Changes at TradeMark ExpressThere

Posted on September 28, 2007
Exciting Changes at TradeMark ExpressThere have been a number of changes at TradeMark Express lately that I wanted to take this opportunity to detail them here for our blog readers. First, we dropped our fees $50 on August 14th from $600 to $550. This is our first price reduction in 15 years! I want to reassure our clients & potential clients that a price drop does not mean a drop in services by any means...

What is a Trademark Conflict?What

Posted on September 27, 2007
What is a Trademark Conflict?What is a Trademark Similarity? Comprehensive trademark research consists of several layers: Researching comprehensive databases, such as Lexis-Nexis or Dialog Looking for similarities, such as synonyms, word placement & spelling variations Consultation with a trademark attorney if Conflicts or Strong Similarities arise The hardest matter to determine is what's going to be a potential problem for you and what isn't...

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