Trademark Registration

  • The Trademark Registration Process – Part 1

    The Trademark Registration Process – Part 1

    Anthony Cartee

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    The Trademark Registration Process Trademark Registration Process – How does one go about registering a trademark?  What are some of the requirements in order to obtain protection?  There are many steps and several issues to consider, but overall the process is not arcane or excessively complicated (unlike, for instance, the steps necessary to obtain a utility patent).  Federal Trademark registration is handled by the United States Patent and Trademark Office. Trademark Search To be registrable, a trademark cannot already be owned by someone else.  Thus the first step is to conduct a trademark search.  Various private companies and even some attorneys offer… Read More

  • When Terms are Merely Descriptive Part 2

    When Terms are Merely Descriptive Part 2

    Anthony Cartee

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    When Terms are Merely Descriptive Part 2 Merely Descriptive Part 2 – Today we continue our discussion of certain interesting topics within the larger question of when certain terms are classified as merely descriptive.  The classification of a term as a descriptive mark carries with it the consequence that the mark receives no protection whatsoever unless secondary meaning can be demonstrated. We previously discussed the merits of foreign words and personal names as potential trademarks and concluded that they are subject to some special rules and tests by the USPTO and the judicial system.  Today we continue our discussion with the examination of… Read More

  • When are Terms Merely Descriptive? Part I

    When are Terms Merely Descriptive? Part I

    Anthony Cartee

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    When are Terms Merely Descriptive? Part I We have previously discussed trademark issues with descriptive terms.  To recap, terms that are merely descriptive receive the least amount of trademark protection. A descriptive term, such as “Fish-Fry” – generally does not qualify for protection unless the term has acquired some form of secondary meaning in the perception of the relevant consumer base in the relevant market for the product. Today, we address an even more basic question – what are some of the grounds for a mark to fall into the dreaded “merely distinctive” (merely descriptive) category?  And are there any ways out? … Read More

  • Supplemental Register & Descriptive Mark

    Supplemental Register & Descriptive Mark

    Anthony Cartee

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    Supplemental Register & Descriptive Mark Supplemental Register & Your Descriptive Mark – The U.S. Patent and Trademark Office (USPTO) is aware that not every business owner or organization is going to seek to employ fanciful marks like “Kleenex.” More likely than not, marks are going to be considered descriptive with words that describe an ingredient, quality, feature, purpose, or characteristic of the product or service. Marks like “Kara’s Cupcakes” or “Make Up Forever” are descriptive marks that will likely first need to apply to the supplemental register before receiving full trademark protections on the principal register. The principal register is… Read More

  • Degree of Protection & Spectrum of Distinctiveness

    Degree of Protection & Spectrum of Distinctiveness

    Anthony Cartee

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    Degree of Protection & Spectrum of Distinctiveness Degree of Protection & Spectrum of Distinctiveness – So, you’ve got a mark in mind that you want to register, what do you do next? Find a trademark attorney, but before you do that, it’s important to understand how much protection your mark may receive or if it can be registrable as a trademark at all. A prospective trademark owner, whether the mark be the name of the entity, the name of a product, or a slogan is analyzed for registrability based on the mark’s connection to its classes of goods or services.… Read More

  • Federal Trademark Registration Benefits

    Federal Trademark Registration Benefits

    Anthony Cartee

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    Federal Trademark Registration Benefits Trademark Registration Benefits – These days, it seems like everyone’s on the trademark registration train, but some might not even know why there are trademark registration benefits and how important those benefits are. Those folks who aren’t on the train question whether they should be on it. For owners of small businesses, start-ups, or charitable organizations, the costs of a trademark application and attorney’s fees might be a deterrence, but for these owners, the trademark registration benefits that come with national trademark protection is unmistakable. While a registered trademark is not required for an entity to… Read More