How Long Does a Trademark Last? If you are an entrepreneur, small/medium business owner, content creator, or founder, you likely know that your "brand" is one of the most important assets that needs to be protected.  You have probably heard about trademarks, and know that the process is undertaken via the Trademark side of the USPTO, and that, though technical in nature, it can be undertaken without an attorney.  But, do you know how long a trademark lasts?  More importantly, do you know what if anything needs to be done by you to keep that trademark registration valid?  If the answer is "I don't know" - don't worry, because most people do not know the answer.  If you would like to find out, this article will assist you. 

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Options on How to Extend Your Trademark Protection to Other Countries The world has become a much smaller place.  With the advent of the internet and other methods of communication, it is becoming more common for businesses to operate or sell products in multiple countries. For small businesses,...

How E-Commerce Merchants Can Qualify for the Amazon Brand Registry E-commerce has become one of the fastest-growing industries over the last decade.  Consumers are more likely to order items online from the comfort of their homes more so than in prior years.  While the number of e-commerce platforms and marketplaces has grown steadily, the most popular and famous platform and marketplace,  Amazon, has become more or less a household name. From a website selling books, Amazon has now become one of the leading e-commerce platforms for selling any and all types of products online. For an e-commerce merchant, getting their brand on the Amazon Registry and marketplace can be very lucrative (since each year, several billions of dollars in revenue are generated from sales via Amazon). While being on the Amazon Brand Registry is not a guarantee of success, it can catapult merchants in the right direction.  Therefore, it is unsurprising that many merchants desire to get their brands listed on Amazon.  However, the process of getting accepted into the Brand Registry can be confusing, frustrating, and time-consuming for small business owners and e-commerce merchants. This article will explain the process and provide insights into how a trademark attorney can make all the difference in helping you get started with the Amazon Brand Registry.

How to Transfer Ownership of a Trademark when You Re-Brand or Sell your Business Whether you are a large company or a small company, your US trademark is one of your most valuable assets. It represents your brand's identity and distinguishes your products or services from those of your competitors. But what happens when you need to transfer ownership of your trademark? Since a US trademark is registered, it needs to be treated differently from other company assets. Whether you're selling your business, undergoing a rebranding, or simply reorganizing your company structure, a trademark assignment (ie. recording a properly executed trademark assignment with the USPTO) is a legal process that ensures the new owner's rights in the trademark are made of record. In this article, our goal is to identify the key steps involved in a trademark assignment process, highlighting the legal requirements and best practices to ensure a smooth transition.

Now What? Obtaining a trademark is crucial for any business owner or entrepreneur who wants to safeguard their brand. However, the process can be daunting for business owners who decide to go it alone without the benefit of an attorney leading the process.  Receiving a Notice of Allowance from the United States Patent and Trademark Office (USPTO) is a key milestone in this process. In this blog article, we'll discuss what a Notice of Allowance entails and guide you through the necessary steps to safeguard your trademark after receiving that notice.  Hopefully, this information will help alleviate some of the stress and confusion revolving around intent-to-use trademark applications.

In the intricate world of copyright law, understanding the concept of the "innocent infringer" could be pivotal for small business owners, content creators, and independent artists. This legal designation might sound like a "get-out-of-jail-free card," but it's far from a straightforward acquittal. Here, we'll demystify the principles surrounding innocent infringement, its defenses, limitations, and the potential pitfalls that lie within.

Beware of Trademark Scams: A Guide for New Applicants For first-time trademark applicants and those unrepresented by counsel, the world of trademarks can be a complex and daunting process, especially for small business owners eager to protect their brands. What's equally challenging, and perhaps more insidious, is the prevalence of trademark scams and third parties offering misleading and unnecessary services for a fee, all of whom are targeting these very individuals during their trademark application process. In this blog article, we aim to shed light on how these scams operate, what you can do to spot them, and the steps to take to protect your hard-earned money and intellectual property.

Understanding Trademark Symbols: The Difference Between ™ and ® In the intricate world of intellectual property law, trademark symbols play a crucial role in indicating the status and level of legal protection associated with a brand name, logo, or slogan. The two primary symbols you’ve likely seen alongside brand identifiers are ™ and ®. But have you ever asked yourself - which one is appropriate to use for your circumstances? While they may seem interchangeable at first glance, they signify very different things. This article aims to demystify these symbols, offering clarity on what they represent and how they should be used by businesses. By knowing the correct interpretation and usage of these symbols, you can protect your trademark rights.

  Navigating the USPTO Trademark Process: The Role of Specimens in Applications and Renewals Protecting your brand with a trademark is a smart move for any forward-thinking business owner. But when you're caught up in the hustle of building your brand, the intricacies of the USPTO Trademark Pro...

Trademark Wars: Federal vs. State Registration Explained Did you know that you have a choice between State and Federal trademark registration? Which is better for your particular business? What are the costs of each? As a business owner, navigating the multifaceted world of trademarks can often seem like engaging in a complex strategic game, one that requires savvy decision-making to protect your brand effectively. Understanding the difference between state and federal trademark registration is critical for creators, startups, and small business owners alike. But why choose one over the other, and what are the implications of your choice? This blog post will unpack the distinctions between state and federal trademark registrations, articulate their respective benefits, and provide insight into which might be the best choice for protecting your creative or commercial endeavors. It will also highlight the potential impacts on your brand's security, and the legal ramifications of each option.

Starting a business can be an exhilarating and complex endeavor. Among the myriad of decisions and actions required to bring your vision to life is the pivotal step of protecting your brand identity. One critical component of this is filing a trademark application with the United States Patent and Trademark Office (USPTO). For entrepreneurs who are gearing up to launch a new product or service but aren't quite ready to enter the marketplace, an Intent-to-Use (ITU) trademark application could be the valuable edge they need, in order to cement their rights. At our law firm, we understand the intricacies of trademark law and the importance of securing your brand’s future. This blog post aims to guide small business owners and start-up entrepreneurs through the process of filing an ITU trademark application, explaining its advantages, and providing insight into the subsequent steps involved once your application is on file.

Strategic Insights: Preparing for the Upcoming Trademark Fee Increases The landscape of trademark law is constantly evolving, and with it, so are the costs associated with securing these vital intellectual property rights. An impending change that has caught the attention of businesses and legal...

  Time is Running Out!  Navigating the New BOIR Requirement: What Small Businesses Must Know For many business owners, a newly enacted federal law has imposed a deadline for filing a disclosure of beneficial owners.  Do you know your deadline?

The Essential Guide to Trademark Clearance Opinions: Why Your Business Needs One In the competitive landscape of modern business, a trademark isn't just a logo or a catchy name; it's the bedrock of your brand identity and consumer recognition. But what happens when you're about to launch a new p...

Foreign Domiciled Trademark Applicants take Note, you need a US Licensed Attorney! For many individuals or organizations based outside the United States of America looking to protect their brand, a United States trademark is a very good option. In fact, a significant percentage of new trademark ...

The first sale doctrine is a cornerstone of copyright law that empowers consumers and fosters a healthy resale market for copyrighted works. However, it's not a blanket permission to do whatever you want with a copyrighted work.

When it comes to protecting your brand, trademarks play a vital role in establishing your unique identity in the marketplace. So, once you have made the decision to apply for a federal trademark, one of the first decisions that you have to undertake is to determine what classes of goods and/or services you want to seek to protect.  This is a stage where many business owners are stymied and stumped.  All too often, people don't understand the significance of this decision, let alone how to accomplish it.   

A registered US trademark is an excellent asset for a business and the best way to protect its brand name and reputation. So imagine being a business owner who has successfully navigated the trademark registration process.  Do you know how to renew the trademark?

Using an 'unregistered' mark in commerce by a business for some years in a specific geographic region can develop into a "common-law" trademark.  This term refers to trademarks that have neither been registered federally (USPTO) nor in any state's trademark registry.  Such a designation denotes t...

    Disclaimers in Trademark Law: Protecting Your Brand and Avoiding Pitfalls In the competitive world of business, trademarks serve as vital shields, protecting your brand identity and safeguarding consumer trust. However, even the strongest shields have limitations, and disclaimers can pla...

Is your Logo in color? So, let's say you have a great logo that is very unique and you are proud of. You invested in a professional graphic designer to get that logo just right and to your liking, and now you are ready to protect your valuable brand by seeking trademark protection for your shiny,...

Do you know what an Office Action is? For first-time trademark applicants, the process can be daunting and confusing, especially when unfamiliar terminology is utilized. Very often, when considering which attorney to hire, a small business owner is confronted with a variety of fee packages from l...

In today's highly competitive marketplace, trademarks have become vital assets for businesses seeking to differentiate themselves and build brand recognition. Securing a trademark not only protects a company's unique identity but also establishes ownership rights, ensuring legal remedies against ...

When can I expect my Trademark to issue? A very frequently asked question by trademark clients is, "How long will it take?" Invariably, obtaining a trademark for their precious Brand is of the utmost importance to every small or medium business owner. Many are misled by the promises of online sit...