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Federal and State trademark Tagged Articles
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How Do You Get a Trademark?
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| While some individuals choose to hire attorneys to walk them through the process of applying for a trademark, others choose to use a trademark research firm, which can cost thousands of dollars less. It is important to remember when hiring someone to do your research that they not only search through Federal and State trademark records for name similarities, but also Common-Law listings. |
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Other Federal and State trademark Related Articles
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How Do You Get a Trademark?
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| While some individuals choose to hire attorneys to walk them through the process of applying for a trademark, others choose to use a trademark research firm, which can cost thousands of dollars less. It is important to remember when hiring someone to do your research that they not only search through Federal and State trademark records for name similarities, but also Common-Law listings. |
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Federal Trademark Application Timeline, Intent to Use Application
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| A detailed timeline for a Federal trademark application for those applicants that are not currently using their marks. |
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What You Don't Want to See
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| Definitions of statuses you don't want to see from the USPTO about your Federal trademark application. |
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Specimens Not Just for Guys in White Coats Anymore
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| Okay, let's assume that you're at the trademark stage: you've had comprehensive research conducted; the analysis on the research has been done; and (yay!) your name is clear. Now the next step is filing for the Federal trademark. |
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Likelihood of Confusion: The SAM Rule
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| When filing for a Federal trademark, it's important to keep the SAM rule in mind.
Who's SAM?
SAM's not a person but a concept employed by the USPTO during their review process of new Federal trademark applications. |
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Trademark Monitoring
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| After you've had your trademark application filed, it's absolutely necessary that you monitor your trademark in some way. The USPTO does conduct a search of their own files so if someone does file for a Federal trademark after your registration it typically is rejected. However, relying on the USPTO to protect your trademark is a mistake for several reasons. |
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Descriptive Trademarks
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| The title here is a bit misleading as descriptive words are not typically allowed to be registered on the USPTO’s trademark Principal Register. Let’s back up a little...
One of the main points (some would argue THE main point) of having a Federal trademark is to have exclusive rights to a name, a logo or a slogan within your industry. Given that, words that “merely describe” the goods or services are not going to be allowed. |
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Can a Choice of Forum Clause Force a Franchisee to Litigate In the Franchisor’s Home State?
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| A franchisee who has a grievance against his franchisor is not likely to want to pursue litigation in a distant forum, and thus may turn to a state court in his home state. The franchisor typically removes the case to federal court, 1 and then, invoking the forum selection clause in the typical franchise agreement, seeks to transfer the case to the federal court in the franchisor’s home state. |
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The Differences Between Federal and California Labor Laws
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| Most employers recognize that that there are both federal and state laws that regulate how business is conducted. What many do not realize is how these state and federal approaches may vary. Employers in the state need to recognize that California labor law differs from federal guidelines in many areas of employment legislation. |
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Why Register a Canadian Trademark? Trademarks Defined and Explained
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| Registration of a trademark is proof of ownership and therefore a key way of protecting a trademark from misuse and imitation. Registration is not obligatory but is recommended because it is a way of verifying the exclusive right that is established through using the trademark in relation to specific products or services. It is important to realize that, while registration affords the greatest possible legal protection against infringement or misuse of a trademark, it is, and can never be, a failsafe guarantee against all problems relating to trademark usage. |
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