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Though federal trademark registration is ideal for many individuals, there are other alternatives. If you are planning to only use your trademark in your state, you may wish to file a state registration. Filing for state registration simply means that you will not have the right to prevent others from using your trademark outside of […]
Recognized for his business acumen when predicting the 2008 subprime mortgage crisis, hedge fund manager J. Kyle Bass is now attempting to capitalize on the pro-petitioner tendencies of the Patent Trial and Appeal Board (PTAB), notoriously dubbed the patent “death squad.” Earlier this year, Bass founded the Coalition for Affordable Drugs to target patents that […]
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Trademarks are words, phrases, symbols, designs, or any combination thereof that helps identify the source of a specific product or good. Service marks are similar to trademarks, but identify the source of a specific service. Services, by definition, are performed activities, either for pay or otherwise, and can be performed by either a business or […]
A certification mark is used to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or that the work or labor on the goods or services was performed by members of a union or other organization. The owner of a certification mark controls use of […]
Trademark rights can arise from the actual use of the mark or from filing for registration of the mark with the United States Patent Trademark Office (USPTO). Though federal registration is not required, it secures additional benefits over the mere use of the mark. There are two related but distinct types of rights in a […]
There are many benefits provided by federal registration: Evidence that will be accepted as correct until proven otherwise (“prima facie”) of owning a registered mark, and owning exclusive rights to use the registered mark in the U.S. Upon the date of registration, constructive notice of your ownership of the mark is established, and no one […]
Trademarks can be used if the mark is not confusingly similar to a currently used mark or a mark that has been registered by another entity. To identify potential conflicts or problems before they arise, it may be advisable to speak with a skilled trademark attorney. They can help obtain a trademark clearance search and […]