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Common Law Trademark Rights Registering a trademark is not as simple as searching the United States Patent and Trademark Office (USPTO). There is an additional level of research that needs to be conducted to ensure your potential trademark is not subject to common law protections by another business or individual. You may be asking yourself, “What is a common law trademark?” Well, a common law trademark is established exclusively through the mark’s use in commerce in a specific geographic region or area. The issue of common law trademark typically arises with specific business names, logos, and phrases that are used…

When you own a trademark, it is important to understand that is has value and should be viewed as an asset. In fact, it is possible to buy, sell, or transfer a trademark to a third party. However, there are specific rules and regulations you need to be aware of before moving forward with a trademark transfer. If you fail to adhere to these rules and regulations, it could cause irreparable harm to the value of your trademark. Trademark Transfer Must Include “Goodwill” If you are interested in transferring a trademark, the transfer needs to be completed in a “purposeful…

Trademark Renewal Scams If you have a registered trademark, it is important to be cognizant of scams associated with the trademark renewal process. It is quite common for trademark owners to suddenly receive a random notice claiming that your mark is up for renewal and request substantial payment in order to file the necessary paperwork. This scam notice can be quite sophisticated and often includes a professional-looking header, domain reference, and accurate information regarding your trademark. Do not make the mistake of trying to comply with this “notice.” This type of scam letter offering trademark-related services are becoming more common…

Before filing a trademark application, there is an important step that needs to be taken to ensure the application will not be subjected to a quick denial. That step is conducting a comprehensive trademark search. Conducting a comprehensive search is necessary because failing to do so could risk your application being denied by the United States Patent and Trademark Office (USPTO). Some trademark applicants mistakenly believe their chances of securing a trademark will be a breeze because they completed a quick search of the USPTO database and did not discover any conflicting or problematic trademarks. In reality, the USPTO often…

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…

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…