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Descriptive Trademarks
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.

® vs. ™
The ™ or SM symbol is to be used for marks that either have a pending trademark application OR for marks that are simply claiming the rights to the mark. The ® symbol is to be used for marks that have a Federally registered trademark.

What's the Point of Getting a Federal Trademark?
After reading about Common-Law, you're probably wondering why you'd even be interested in getting a Federal Trademark for your name. Well, let's break down the key reasons as provided by the USPTO.

How Do I Trademark a Domain Name?
The process for filing for a trademark for a domain name is similar to any other name in terms of comprehensive research and analysis being a necessity. There is one big caveat when it comes to trademarking domain names and it has to do with usage of the domain name.

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How Do You Get a Trademark?
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.

Specimens Not Just for Guys in White Coats Anymore
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.

Likelihood of Confusion: The SAM Rule
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.

BEWARE OF NOTICES REGARDING YOUR TRADEMARKS
Filing an application for U.S. trademark registration makes certain information publicly available in the U.S. Trademark Office records. Several companies have been scraping these records and generating “official looking” notices and even invoices to unsuspecting companies. These notices that appear confusingly similar to governmental agency communications will direct you to pay fees for registration, for monitoring for applications similar to yours and for filing with domestic or international lists, directories, etc

Register Your Business Name
When you begin selling franchises, you will want to have obtained a federal registration for your business name. This is obtained by making a filing with the United States Patent and Trademark Office. A franchisor licenses the business name to its franchisees, so it is important that the franchisor own and protect the name as much as possible. However, it is not necessary to have already obtained name registration before beginning to sell franchises.

Are Your Trademarks Being Used by Other Companies on Google?
Saper Law Offices assists businesses in all areas of trademark law, from registration and filing to litigation. The following article serves as an overview of the effect search engine marketing and Internet “keyword” advertising through Google’s search engine has on a business’s trademark. For a case specific consultation regarding (1) whether or not your use of another’s trademark in a Google Ad could result in legal action, or (2) whether or not you may prevent another business from using your trademark in a Google Adword, a meta tag or as the text of an advertisement, call Saper Law Offices for a consultation at (312) 641-0551 or contact us by email at dsaper@saperlaw.com. If you need assistance with creating and implementing a Google ad campaign, contact www.LegalPPC.com.

Trademark Monitoring
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.

Fanciful Trademarks
The strength of a particular trademark is gauged according to the Distinctiveness & Descriptiveness Continuum. On the very left of that continuum are fanciful marks, which arguably are the strongest sort of marks to file. Filing these types of marks increase the likelihood of trademark registration (provided, of course, that the mark is legally available).

An Overview of Federal and State Business Opportunity Laws
Business opportunities are regulated under the FTC Business Opportunity Rule (16 C.F.R. Part 437) and by 25 states with business opportunity laws requiring pre-sale disclosure and, in most of these states, registration of the business opportunity offering. While “business opportunities” and “franchises” are somewhat similar because both involve the sale of a product or service to enable a person to start a business, one of the principal differences in the definitions used in the statutes is that there is no license of a trademark or substantial association with a trademark in connection with a business opportunity. Franchisors should be aware of these laws, because they may be a trap for the unwary franchisor, particularly if the franchisor’s principal trademark has no

Why Register a Canadian Trademark? Trademarks Defined and Explained
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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