Should I Use My Trademark Before Applying For Trademark Registration?
Published Aug 15, 2014There are a number of reasons why prospective trademark owners may not be using their trademarks. Maybe your idea is in the early inception stage and you want to know if your proposed trademark name is available before starting production and marketing. Perhaps you’re worried that someone else will see your mark and try to…
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Trademarking An E-Cigarette or Vaporizer Name
Published Jul 21, 2014Marlboro, Camel, Newport, Winston. These are some of the most well-known tobacco cigarette brands. They’re also major brands that, dear we say, may be on the verge of becoming obsolete as old-fashioned cigarette smoking becomes less socially acceptable and passé. As cigarettes go the way of the Walkman, there’s been an explosion of e-cigarettes, or…
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What Is a Disparaging Trademark?
Published Jul 15, 2014The Trademark Trial and Appeal Board (TTAB), an independent administrative tribunal of the U.S. Patent and Trademark Office (USPTO) issued an eagerly anticipated decision last month in the case of Blackhorse v. Pro Football Inc., more commonly known as the Redskins trademark case. The plaintiffs in the case were five Native Americans, who petitioned the…
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Trademark Lawyers Help Preserve Creativity
Published May 23, 2014Trademark lawyers from Flat Fee Trademark can assist with preserving your creativity for your trademark, brand name or logo. Some of the most creative symbols or slogans in the world came about after months, or even years, of thinking. Some pop into our mind in an instant and we never stop to think twice about…
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Owning Words Thanks to Trademark Law
Published May 23, 2014“Bam!” “That’s Hot” and “Three-peat” are words we are all too familiar with thanks to American pop culture. We use these words so often to describe a success or something awe-inspiring that we don’t even think twice about them. But what if we told you that someone owns these words? That’s right… there is someone…
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Trademarking A Clothing Line
Published May 16, 2014Are you starting a clothing line, perhaps a line of t-shirts, fitness apparel or sportswear? Here’s what you need to know – the ABCs of trademarking clothing and how to properly protect your brand name and concept with the U.S. Patent and Trademark Office (USPTO) or otherwise. A – ACTUALLY SERVES AS A TRADEMARK First,…
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Minott Gore Ranked Among Top 50 Trademark Law Firms
Published May 13, 2014Ranked in the Top 50 Trademark Law Firms by IP Today We’ve done it again! Minott Gore P.A., the trademark law firm that owns and operates Flat Fee Trademark, has been ranked one of the top 50 U.S. trademark law firms by Intellectual Property Today Magazine (IP Today). The list compiles the top performing trademark…
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Common Law Trademark v. Federal Trademark Registration
Published Apr 18, 2014Let’s consider the distinctions between a federally registered trademark and common law trademarks. We’ll also look at prior use rights – what are they, how are they established and how do they affect trademark registration. It’s commonly understood that a federal trademark registration confers on the registered trademark owner the right to exclusive use of…
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The Notice of Allowance and Statement of Use for Intent to Use Trademarks
Published Feb 24, 2014Trademark owners who are not yet using their trademarks in commerce may apply for trademark registration with the U.S. Patent and Trademark Office (USPTO) through an “Intent to Use” trademark application. At the outset, an Intent to Use (ITU) trademark application is treated just like an “In Use” trademark. Approximately 3-4 months after the application…
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Trademark Year in Review 2013
Published Dec 12, 2013As we wind down 2013 and start looking towards the holidays, let’s take a moment to review the year in trademarks, shall we? To date, there have been 300,377* new trademark applications filed with the U.S. Patent and Trademark Office (USPTO) for 2013. Were you one of them? If so, congrats! You’ve taken an important…
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Getting Your Trademark Registered – The Likelihood of Confusion Standard
Published Nov 30, 2013 When a trademark application is filed with the United States Patent and Trademark Office (USPTO), it is subsequently assigned to an Examining Attorney who reviews the application for errors, omissions or other substantive issues that may bar registration. One of the most common issues that may block your trademark application at the USPTO…
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Maintaining Your Trademark Rights – The Trademark Renewal Process Explained
Published Sep 24, 2013 A federal trademark registration is valid for ten (10) years following the date of registration with the U.S. Patent and Trademark Office (USPTO). After this initial ten-year period, your registered trademark may be renewed indefinitely – allowing long term ownership and protection rights in the mark – but there are various filings required…
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