The Federal Circuit held today that the U.S. trademark law’s ban on offensive and derogatory marks in unconstitutional, following a similar decision by the Supreme Court earlier this year.
Although, in general, trademark rights are established by using the mark in commerce, depending on the timing of your business’ launch, an “Intent to Use” (ITU) application might be right for you.
One of the trickiest decisions is analyzing whether you have “commercial use” of your trademark that meets the USPTO (and the federal trademark law) “use in commerce” requirement, which is needed both to register a standard and “intent to use” trademark registration.
Having a strong, protectable trademark for your app is essential for a successful launch in today’s cutthroat mobile industry. There are millions of apps in the Apple App Store, Google Play store and other online app marketplaces and the competition can be fierce. Owning a federal trademark registration is an important step towards protecting your mark in the long term.
Registering your trademark for a clothing line is a significant step in protecting your brand. However, trademark registration is full of potential mistakes that can result in delays, or worse, in the denial of the application before the United States Patent and Trademark Office (USPTO). One of the trickiest parts of trademark registration is the “use in commerce” requirement.