Types of Trademarks
Word
Name
Symbol
Logo
Color
Sound
Scent
Trade Dress
Collective Mark
Certification Mark
Requirements - The Trademark Must Be Both:
Distinctive
A mark must be able to identify a single source of goods or services.
Used in Commerce
A protectable mark must be used to offer and sell goods and services across state lines.
Registration
Trademark applications require the following elements:
Applicant's information
Attorney's information
A clear image of the mark
A list of the specific goods and services
An application is classified as either:
In Use
For marks currently being used in commerce
Intent to Use
The applicant intends to use the mark in commerce, though actual use has not yet taken place
Specimens
What is a specimen?
The USPTO requires proof that the proposed mark is actually being used in commerce, in association with the goods and services listed on the application
Website Screenshots
For services, a screenshot showing the proposed mark in association with promoting those services.
Clothing Label
For clothing, a picture of the label showing the proposed mark.
Product Packaging
For physical goods, the product packaging itself, or a picture of the packaging showing the proposed mark.
Business Cards, Signage, etc
For services, a picture of business cards, signage, or a point-of-sale display
Product Itself
A picture of the product itself with the proposed mark visible
Other
If you have any questions regarding whether a particular specimen will be sufficient, we'd be happy to advise you
Advantages of Registration:
Serves as proof of trademark validity and ownership
Provides nationwide protection
Makes available increased damages if infringement occurs
Right to use ®
Trademark Clearance
Initial Search TMchecker.com is a free resource you can use to check the availability and strength of a mark being considered, but it's not exhaustive
We'd be happy to conduct a full search, which may include:
The Internet
Business/Trade Name Directories
Periodical Databases
Domain Name Registries
Dictionaries
... And more
Post Application Procedure
Self-Audit
Periodically, you should conduct an audit of your trademark portfolio
Which trademarks have been registered?
Ensure registration still reflects current business offering. Ensure appropriate personnel are being notified well in advance of maintenance fee/filing deadlines.
Which trademarks have pending applications?
Ensure relevant personnel are being notified of application updates and responding accordingly.
Which products/services are being offered for which trademarks need to be registered?
If new products or services are added, a new mark may need to be registered, or an existing mark expanded.
Identify any trademarks that are no longer of business interest.
Determine a strategy. Either abandon or seek third party purchaser/licensee.
Assess trademark conflicts.
Existing and potential litigation, opposition/cancellation proceedings, cease and desist letters, etc.
Assess compliance with trademark agreements.
Ensure obligations are met, maintenance tasks are being completed, and key agreement deadlines are known.
Assess policies and procedures.
Establish and evaluate style guides and internal/external trademark usage guidelines.
Of course, we'd be happy to conduct a more thorough, in depth audit of your portfolio.
ADVANCE YOUR COMPANY’S FUTURE TODAY.