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A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services. A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner's permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy.

Is Your Purpose Patent Still Pending?

Lots of business owners sit around the office tinkering with the notion of that one great innovation to be patented on the road to riches. Well, I think we’ve all got a patent in us but, for many, that patent remains forever pending. The patent I’m referring to is the “purpose patent” – your personal connection to work the serves a deeper purpose. That patent doesn’t need approval from the USPTO, it only needs approval from you.

Arbitrary Trademarks
The strength of a particular trademark is gauged according to the Distinctiveness & Descriptiveness Continuum. Arbitrary marks are not as strong as fanciful marks but they are still strong in terms of trademarks. Choosing an arbitrary mark certainly makes the trademark filing process easier, provided, of course, that the mark is legally available.

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).

Trademark International Class: Class 36 (Insurance and Financial Services)
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 36.

Trademark International Class: Class 35 (Advertising and Business Services)
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 35.

Trademark International Class: Classes 32 & 33 (Light beverages; Wines and spirits)
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at a group of these trademark classes – classes 32 & 33.

Trademark International Class: Classes 29, 30 & 31 (Meats & processed foods; Staple Foods; Natural agricultural products)
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at a group of these trademark classes – classes 29, 30 & 31.

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.

Trademark International Class: Class 28 (Toys and sporting goods)
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 28.

Trademark International Class: Class 16 (Paper goods and printed matter)
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 16.

Trademark International Class: Class 14 (Jewelry)
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 14.

Trademark International Class: Class 9 (Electrical and Scientific Apparatus)
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 9.

Trademark International Class: Class 25 (Clothing)
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 25.

Trademark International Class: Class 20 (Furniture and articles not otherwise classified)
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 20.

Trademark International Class: Class 18 (Leather goods)
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 18.

Trademark International Class: Class 5 (Pharmaceuticals)
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 5.

Trademark International Classes: Class 3 (Cosmetics and cleaning preparations)
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 3.

Explanation of the Trademark International Classification System
Filing a name, logo or slogan is not all about the mark itself but also what you're doing with it, i.e. your goods and/or services. All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45.

Filing a Trademark: Plain Text Vs Stylized/Logo
When filing a trademark, the USPTO gives you two options: Standard Characters or Specialized Form (Stylized and/or Design). Let's look at each one in detail and that should help you decide the best way to file for your mark.

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.

Trademark a Name and Logo: Together or Separate?

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry. Now when it comes to filing, a big question is should the name and logo be filed together or separately?

How to Give your Startup Idea a Reality Check
I’m sure you all realize that there could be quite a distance between a great idea and a great startup. But many people don’t have a clue on how to bridge the gap. So, trying carefully not to rain on his parade, I suggested to my friend that he consider the following steps as a reality check before spending his life savings (and mine) to roll out a solution:

Software Patents: Time for a Change

I always advise software startups to file patents to protect their “secret sauce” from competitors, and to increase their valuation. I don’t have much conviction that it really does stop competitors, but I do know the rule of thumb that every patent will add $1M to your startup valuation for investors, or for M&A exits (merger and acquisition). Yet the software patent process is a mess. I say this with conviction even after I survived the process, and have a software patent pending.

Steps For Starting A Small Business
Check list on starting a small business.

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.

Choosing a Name for Your Franchise Company

Many new franchisors find it necessary to choose a new name for their franchise company when they begin preparing to selling franchises. Selecting a business name is an extremely important step in developing your franchise program. The right name can help your franchise expand more quickly. The wrong name can hurt you in both the short-term and long-run.Here are some suggestions about choosing a name:

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

Lawyers Top 10 Tricks for Managing IP
Managing a firm’s intellectual property (patents, trademarks & copyrights) can be made easier by following some simple time-saving techniques.

Trademark vs. Service Mark
Simply put, trademarks are for goods while service marks are for services. When discussing either, it is common to use the term "trademark", even when discussing a service use, because the handling of either is interchangeable by both the USPTO and all 50 Secretary of State Offices.

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.

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.

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.

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.

Trademark Your Clothing Line
The first subject should definitely be explaining what branches of intellectual property are available for the various items that typically make up a clothing line.

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.

And Just What Does That Mean?
Any & all definitions can be found at the USPTO but I thought it'd be nice to take it a step further and put these explanations in easy to understand language. The material in quotes is straight from the USPTO's mouth while the text underneath is straight from mine.

What You Don't Want to See
Definitions of statuses you don't want to see from the USPTO about your Federal trademark application.

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 article. I've devoted a couple of articles about the various application forms it takes to get your trademark registered but what about when it is registered?

"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. That being said, let's start at the beginning.

Federal Trademark Application Timeline, Intent to Use Application
A detailed timeline for a Federal trademark application for those applicants that are not currently using their marks.

Federal Trademark Application Timeline, In Use Application
A detailed timeline for a Federal trademark application for those applicants that are currently using the mark in at least 2 states or between the US & another country.

Search Your Business Name - Why You Need To & How To Get Started
Starting a new business can be overwhelming, exciting and confusing all at once. No matter the industry, all new businesses have to deal with financing, advertising, organization, ownership structure, etc. One area that is neglected by many is ensuring that the name of the business is truly available.

Do You Need a Registered Trademark?
It's less of a need than a want. Registering a trademark is NOT mandatory. However, are you a business owner, or do you work with a business that does not currently have a trademark registered or pending with the USPTO? If this last statement in any way describes you, then YES, you may benefit from having a trademark.

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.

Trademark Renewal & Maintenance – How Do I Keep My Trademark?

After you’ve applied for your trademark, there will be a waiting period of approximately 18 months before your name is actually registered with the United States Patent & Trademark Office (herein referred to as the USPTO). Until then, it will be listed as "Pending." Sometimes there are hold-ups; the USPTO may not allow you to use the name you’ve chosen to apply for because there is a similar name already trademarked.

What is a Trademark Search?
A trademark search can, in actuality, be many different things. In theory, a trademark search is performed to determine whether or not the mark you are hoping to use is already taken by another.

How Do I Trademark a Slogan?
It may be possible to file for a trademark for the slogan as long as it's used to indicate & identify the source of goods/services.

What is a Trademark?
At one point or another, we've all seen a product or business name with a small, encircled R floating next to it. You've probably wondered what this R symbol really means, and how exactly it got there in the first place. Most people will tell you that it means something to the effect of "registered," but that's only a small part of the significance behind the circled R.

Statement of Use/Amendment to Allege Use for 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.

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