FAQs
What is a trademark?
Traditionally: A word, phrase, symbol, design, or a combination of either that specifically identifies the source of your goods from those owned by others
Non-traditionally: A smell, sound, color, or shape that specifically identifies the source of your goods from those owned by others
What is a service mark?
It’s the same as a trademark, but it identifies and differentiates the source of services, not goods.
What is a copyright?
A copyright is a form of protection for the authors of original works.
Why should I register my copyright?
Registration establishes a public record of the copyright claim and is necessary before an infringement suit may be filed in court.
Questions to ask in the planning phase…
Is the mark that you want to register even registerable?
Is someone else already using the mark?
Are you infringing on someone else's intellectual property?
What is the cost to your business, if you are forced to rebrand and start from scratch?
How do you plan on enforcing our mark, if and when it is registered?
Why do I need a comprehensive search?
A comprehensive search will assist in identifying potential problems with the mark such as the existence of a superior use or filing that claims rights to the mark. It can also assist in identifying whether a mark is too generic or contains a descriptive word of another mark, marking it difficult to protect. A comprehensive trademark search before filing an application will save you hundreds, if not thousands of dollars in the long run.
How can I protect my mark?
At Nazareth Innovative Law, we offer a trademark watch service that monitors trademark registers and looks for newly-filed applications, newly-published marks, and/or registered marks that are the same or comparable to your mark in the same class of goods or services. We also offer cease-and-desist letter drafting services and a-la-carte opposition entity contact and negotiation services.
How long does my trademark registration last?
Your trademark registration will last as long as you maintain it and use it.
Do I need an attorney to file a trademark application?
No. You don't need an attorney to represent you in a serious criminal matter either, but it is in your best interest to have an attorney because an attorney speaks the language of the legal system.
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Distinctive Trademarks
Generic: Marks that actually name a product, with no specificity to its origin
Descriptive: Marks that merely describe a product, with no specificity to its origin
Suggestive: Marks that suggest a quality or characteristic of the goods
Arbitrary: Marks that traditionally mark the use of a word with a common meaning and with no association to the goods or services
Fanciful: Marks that were invented for the sole purpose of being the mark of the goods or services
Trademark Terms
Abandonment: This happens when a trademark owner fails to take action on a filing requirement. Your application will no longer be pending, if in the registration phase or no longer registered, if in the post-registration phase. The mark can only be retrieved in certain instances.
Assignment: A document that transfers an ownership interest from one person or entity to another.
Cease and desist letter: A letter that requests or demands that an infringer cease in their infringing activities.
International Class: The numbered class within the international system for classifying goods and services.
Likelihood of Confusion Test: If the ordinary consumer of the product or service is likely to be confused by the source of the products or services.
Principal Register: The primary trademark register for marks that are distinctive is the Principal Register. The Principal Register offers the best protection for trademark owners.
Specimen: A snapshot that shows proof of how you are using your mark.
Supplemental Register: A secondary trademark register at the USPTO is for marks that have some distinctiveness, but not enough to be registered on the Principal Register. Registration on the Supplemental Register doesn’t stop others from using the mark, but it can stop others from registering the same mark. To move your trademark from the Supplemental Register to the Principal Register, proof must be submitted to show proof of distinctiveness.
Trade Dress: Your unique packaging, color, design, or other distinguishing elements of your products appearance, that is non-functional.
Use in Commerce: The trademark must be incorporated in the packaging, labels, or tags of the goods, and in some way displayed, in connection with services.
USPTO: The United States Patent and Trademark Office
