What in the World is the Difference between a Trademark and a Service Mark? Imagine that you are a small or medium business owner who has decided to take the big step to protect your brand's identity, by seeking to obtain a federal trademark registration.  You are immediately confronted with all sorts of terminology and rules that seem like a foreign language to you.  What do you do?  One of the first stumbling blocks that most people go through is when confronted with a choice between whether their brand needs a "Trademark" or a "Service Mark."   While these terms are very closely related, they serve slightly different purposes, and should be used correctly.   Understanding the distinction between trademarks and service marks can help ensure your brand is protected in the right way.  The purpose of this article is to help you in that quest.

How Long Will It Take to Register My Trademark? Nowadays, most entrepreneurs and business owners are already aware of the value of a trademark registration for their brand.  When making that all-important decision to protect their valuable brand with a trademark registration, the most often asked question is, "How long will it take?" The most important thing to know is that the mere filing of an application to register your trademark is not the end of the process, but rather the first step in that process.  While securing trademark registration is a smart move for long-term business success, the process involves several stages that require time, and it is important for business owners to understand the process. While there are several factors that will influence how long the process takes, this article will endeavor to provide some clarity and understanding of the various parts of that process. 

What is the Supplemental Registry and is it Right for your Trademark? Filing a trademark is one of the most effective steps a business can take to protect its brand. However, not all trademarks qualify for the same level of recognition and protection under U.S. law. If your trademark doesn’t meet the strict requirements for the USPTO’s Principal Register, the Supplemental Register could be an alternative.  But what exactly is the Supplemental Register? How does it differ from its counterpart, the Principal Register, and is it the right choice for your business? The trademark process can be very confusing and challenging for business owners.  This article breaks down the advantages, limitations, and considerations relating to the Supplemental Register to help you make an informed decision. 

Understanding What is a Substantive Office Action Refusal, and How to Overcome It The process of applying for a US trademark registration can be frustrating and paved with potential setbacks at every phase of the process.  One such potential setback is receiving a non-final or preliminary refusal, known as an Office Action. When filing for a trademark registration with the United States Patent and Trademark Office (USPTO), receiving an Office Action can be both frustrating and intimidating. Non-lawyers who file by themselves or via a " do it yourself" website are more likely than not to encounter an Office Action refusal.  For many, that is the end of the process, as they discover that their cheap "do it yourself" service does not (and indeed cannot) help them with the Office Action, and most people simply do not understand what the Office Action is, what they nee to do, nor that there is a strict 3 month timeline to respond.  While Office Actions can be difficult to overcome, very often a well-drafted response can achieve just that, a reconsideration of the refusal, and approval of the application to the next phase.  This article will help to give an introduction to substantive Office Actions, and the way in which to approach a response.

Is My US Trademark Registration Valid Outside the US? Taking the important step to protect your company's brand or brands by filing a US trademark application to attain federal registration is a great strategy.  However, once you have attained your US trademark, what happens when your business grows, and you start using your trademarks to sell the same products or services in another country?  That is a common question that our firm is asked all the time.  With the advent of the internet and e-commerce, the world is a smaller and interconnected place.  However, trademark registration is still very much linked to the jurisdiction of the registration.  This article will try to answer the question and provide the details to help business owners know their options when it comes to expansion to a new jurisdiction or country.

Are you Ready for the USPTO Trademark Fee Increases Coming in 2025? What you Need to Know. If you're a business owner, entrepreneur, or anyone navigating the trademark registration process, it’s time to take note. The United States Patent and Trademark Office (USPTO) has announced important updates to its fee structure, effective January 18, 2025. These changes include higher filing fees, along with some notable shifts in the way filings are processed. Here's a breakdown of what you need to know to stay prepared.

What is the USPTO, and what does it have to do with your quest to attain a Trademark? Small and medium-sized business owners have likely heard that registering their brand as a US trademark is an important step in the process and that a trademark can be the most valuable asset of a company.  However, they likely do not know the ins and outs of the process to attain a trademark and may feel intimidated by a process that seems, at first blush, very technical and daunting.  It does not help that unfamiliar terminology and acronyms are used by resources and attorneys alike, which confuses people.  In addition to legal jargon pertaining to trademarks, one of the most common sources of confusion is when business owners hear about the USPTO.  That acronym stands for the United States Patent and Trademark Office, a governmental entity in charge of both Patents and Trademarks. But for those seeking trademarks, you do not need to be scared off nor concerned about the patent side of things.  The patent side of the USPTO and the trademark side function separately and thus a trademark applicant need only be concerned with the USPTO's Trademark Office.  The USPTO oversees the examination and registration and thus can be a vital ally for entrepreneurs, startups, and small business owners looking to protect their intellectual property.

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,...

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.

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...

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 ...