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Nov 25

Does Trademark Protection Last Forever?

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Trademarks are an important part of a business. They are the best way to protect the identity of the source of particular products or services. They also help consumers easily recognize a specific company as the manufacturer or source of a product and encourage customer loyalty. Once a trademark is registered, it is protected from use and misuse by others, and it acquires characteristics similar to other types of property. These important protections lead many trademark owners to ask – how long exactly does a trademark last? As a general rule, a trademark owner should anticipate having enforceable protections so…

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Nov 11

When Does Registered Trademark Protection Begin?

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When Does Registered Trademark Protection Begin? If you have successfully filed a trademark application with the United States Patent and Trademark Office (USPTO), you may be wondering, “When will the trademark protections actually begin? Is it automatic after applying?” The answer is that it depends on how your trademark is being used. Trademark Utilized in Commerce If you are currently using your trademark in interstate commerce, you initially incurred rights at the outset of this use. Trademark rights arise from actual use of the mark. Indeed, trademark registration is not required for ownership of an enforceable mark. However, there are…

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Oct 28

How can you obtain a European Union trademark for your business?

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Registering Your Trademark in the EU If you own or are part of a company that conducts a significant amount of business in the European Union, you should consider obtaining an international trademark for your business enterprise. Similar to a U.S. trademark registration, it is possible to obtain an international trademark that can be utilized to protect the reputation, products, and/or services of your business and help to mitigate the risk of infringement by a foreign entity or individual. If you are interested in obtaining an EU trademark, properly navigating the complexities of the EU trademark registration process can be…

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Oct 21

Has Your Patent Been Infringed?

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If you believe another individual or company is infringing on your patent, one of the first steps to take is to compile relevant information about the type of infringement that is taking place. The relevant information should include details on how the alleged infringer is adversely impacting your business and try to conduct a general calculation of all the damages you have suffered as a result of the infringement.

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Sep 30

What is the new Fast Track Appeals Pilot Program for patents?

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The New Fast Track Program for Patent Appeals If you applied for a patent and your application was denied twice, you retain the option to file a formal appeal of the examiner’s decision with the Patent Trial and Appeal Board (PTAB). Generally, the appeals process can be time-consuming and is rife with inefficiencies. Fortunately, the U.S. Patent and Trademark Office launched a new, temporary pilot program to try and improve the adjudication of appeals filed with the PTAB. The new program, known as the “Fast Track Appeals Pilot Program” went into effect on July 2, 2020. Since it is in…

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Sep 23

How do you report trademark infringement?

By Blog, Patent and Trademark No Comments

Steps to Report Trademark Infringement It is an all-too-common scenario – you are surfing the Internet searching your company and your products when you stumble upon another business using a name or logo that is very similar to yours and reaping financial benefits from that very similar name or logo. If you find yourself in this situation, your mind may be flooded with questions and concerns, including: who should I report this apparent trademark infringement to? Take Time to Assess the Situation You may be surprised to learn that the first rule of handling a potential trademark infringement is to…

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Sep 16

How does a business protect its brand from infringement by a third-party domain name?

By Patent and Trademark No Comments

Trademark Violation – Challenging a Domain Name The protections afforded to a trademark owner are not limited to the owner’s business and brand. Those protections extend to the domain name for the website of your business. As a result, if you become aware of another business attempting to use your domain, or strikingly similar, domain, you may be able to file a formal dispute. Domain Disputes on the Rise It is becoming increasingly common for businesses to discover domains that are using their company information. In certain circumstances, a third party may have intentionally registered a domain using your business…

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Sep 09

Tips on How to Obtain and Protect Your Intellectual Property

By Copyright Law No Comments

When you are building a business, it is important to establish an extensive intellectual property portfolio consisting of your registered trademarks, copyrights, and patents. Why? Because these are valuable assets that protect your products and branding from competitors. In addition, they represent your brand and often generate goodwill with consumers by developing your company’s reputation. Considering the value of your IP, you need to take affirmative steps to protect your IP. Here is some sound advice on how to effectively protect your IP rights. Clear and Register Your Trademark with the USPTO It is extremely important to select a strong…

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Aug 26

How to Enforce and Protect Your Trademark Effectively

By Patent and Trademark No Comments

Trademark owners often mistakenly believe that once their trademark is successfully registered, they are good to go and do not need to take any other action. It is an error made with surprising regularity by new trademark owners. Unfortunately, this is not accurate. Here is the reality – when you register a trademark with the U.S. Patent and Trademark Office (USPTO), the maintenance responsibilities fall on you. This means that you need to take steps to protect your trademark from infringement. As a result, trademark owners need to be proactive and ensure they have an effective enforcement program in place…

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Aug 19

Why should trademark registrants prepare for a heightened level of scrutiny upon renewal of their marks?

By Patent and Trademark No Comments

Overview of the Trademark Renewal Audit Program If you registered a trademark and are looking to renew the registration, it is important to be prepared for a heightened level of scrutiny. Why? Because the United States Patent and Trademark Office (USPTO) established a program requiring certain trademark registrants to do more than simply renew their trademark and substantiate their continued use of the items listed in their trademark application, or applications. The new program is an audit whereby the USPTO is requiring trademark registrants to ensure that every item listed is being actively sold in connection with the registered trademark….

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