As the owner of a registered trademark, you understand that maintaining your registration to preserve the integrity of your intellectual property is a crucial responsibility of that ownership. When your first courtesy reminders from the USPTO begin popping up, they may contain unfamiliar words or phrases—and one of these is likely to be in regards to a “Combined Section 8 & […]
Just like any other kind of property, intellectual property is able to be bought and sold. Unlike physical property, however, there is an added complexity to IP transactions that coincides with the transfer of the intangible value that it possesses. The price tag set on your trademarks, copyrights, or patents is determined by numerous factors, such as market- and cost-based estimates, […]
Much like traditional assets such as machinery or real estate, trademarks are assets that can be bought, sold, and transferred. Unlike physical assets, however, trademarks must be transferred in a purposeful way to ensure that the underlying meaning, or “goodwill”, is also transferred. A trademark could be a word, a phrase, a symbol, or even a shape. However, one thing all […]
The U.S. Supreme Court held that the addition of “.COM” to a generic word could function as a protectable trademark, despite the generic word being incapable of acting as a protectable trademark. While this decision opens the door for brands like BOOKING.COM to potentially qualify for trademark protection, proving those rights could be incredibly difficult and any resulting rights with likely […]
Question: Can you purchase a trademark? Answer: Yes, you can purchase a trademark from another person or entity. Trademarks are a form of intangible property that can be sold and bought, just like real estate. That said, there are very specific requirements for purchasing a trademark and acquiring a proper chain of title. If you are considering purchasing a trademark, […]
Question: How do you claim an abandoned trademark? Answer: In order to claim an abandoned trademark, you must follow the registration process from the beginning and submit your own application for the trademark. However, it’s important to carefully evaluate the trademark and consider why the last applicant allowed it to abandon. We often see people who come across a trademark […]
Question: How long does a trademark last? Do they expire? Answer: Once a trademark registration is granted by the USPTO, it will last five years before another filing is required. However, if you shut down your business or stop offering your goods or services before then, the trademark will be considered abandoned from a legal perspective as it is no […]
Question: Can you use a trademark that has been rejected by the USPTO? Answer: Yes. If your trademark has been refused by the USPTO, you can still use it in the marketplace. However, if it was refused because the government considered it to be too similar to another mark, then it’s important to study the judgement carefully before continuing to use the […]
Question: Which trademark symbol should you use? Answer: If you have obtained a federal registration for your trademark in the United States, you may use the “circled r” symbol: ® If you have not filed an application fore your trademark, or your trademark is still pending, you should use the small capital letters TM next to your name. It’s very […]
Typically, the company that creates the trademark and applies it to their products or services is the company that owns the trademark and any resulting trademark registrations. If the ABC Company starts selling a new gadget it created and manufactured called the PsySpinner, then the ABC Company would be the likely owner of the PsySpinner trademark. However, for a number of […]
L.A. Gear, the shoe brand most well-known for its introduction of lights embedded in the soles of its sneaker, has been very busy over the years at the U.S. Patent and Trademark Office (USPTO). While the brand does not enjoy the pop-culture status it once had in the 80’s, its continued robust trademark enforcement campaign has raised eyebrows. Recently, L.A. Gear […]
Many new entrepreneurs have a great idea for a business and jump right into it before setting up a business entity like a limited liability company or a corporation. This may include entering into some initial contracts, making deals, and even applying to register a trademark. In fact, in 2017, 19% of all trademark applications filed with the USPTO were filed […]