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How to Navigate Class Selection in a Trademark Application Registering a trademark can be a difficult and stressful process. Why? Because one of the key aspects of the trademark application process is selecting the correct “class” for your trademark. There are 45 classes in total, and it is up to you, the applicant, to select the right one. The class selection process may be intimidating, as each class relates to a specific type of good or service. However, there are often ambiguities and misinterpretations of what good or service should fall into which class. This is where the counsel and…

Common Law Rights in Trademark Approval Many prospective trademark applicants wrongly assume that the Examining Attorneys at the Trademark Office, when conducting trademark searches for the applicant’s proposed mark, will search common law rights (i.e., use rights and unregistered rights) along with the registered and pending marks. The Examining Attorneys at the USPTO lack the resources to conduct common law searches. As a result, when an applicant fails to conduct a comprehensive search prior to filing for a trademark, you could wind up investing time and resources to register the trademark at the federal level, but that mark may still…

  The Importance of Timely Filing a Patent Application  Proper timing for filing a patent application can be challenging but is extremely important. If you fail to timely file a patent application, there are several factors that may prohibit you from securing a patent. Nevertheless, it is also possible to file too early. Hence, it is important to understand the importance of the filing date for your patent application. According to statutory provisions, if two or more inventors file patent applications for the same invention, priority is given to the inventor who first filed a patent application with the United…

When an individual finds themselves languishing in the “patent pending” phase of the application process, they often ask, “why is this taking so long?” and “should I be concerned with the status of my application?” These are perfectly reasonable and important questions. The short answer is that you should not worry very much if you find yourself in the “patent pending” phase for several months or even years. Why? Because it is important to understand that the United States Patent and Trademark Office (USPTO) is an extremely busy government agency tasked with analyzing thousands of patent and trademark applications each…

The Importance of Trademark Registration When you decide to start a business, one of the things you consider is how to distinguish your business from other businesses offering the same goods or services as you do. You come up with a name that customers can remember and build up enough goodwill so that you are the first business they think of when they want the goods or service that you provide. You might be feeling content with your setup until you hear that there is another business with a similar mark offering the same goods and services. Now, you’re in…

Understanding the Differences Between a Patent and a Trademark When it comes to intellectual property law, one of the most common (and important) questions people ask      is the difference between securing a patent and a trademark. The short answer is that a trademark can help protect your brand, while a patent will help protect your invention or innovation. Overview It is understandable to get confused about the differences between patents and trademarks since, at the end of the day, they are both intellectual property rights. Nevertheless, there are important differences that carry significant ramifications for the types of legal protections…