What are geographically descriptive trademarks in the US?

Geographically descriptive trademarks are generally not registrable on the Principal Register in the US. The USPTO attorney will use the following test to determine if a trademark is geographically descriptive: The trademark is the name of a geographic location The products or services come from the placed identified by the trademark or are made in [...]

By |2019-05-18T23:55:12+00:00May 18th, 2019||0 Comments

Classification of Goods and Services in a Trademark Application (class headings)

Every trademark application must list the specific goods and services that the trademark will cover. Products belong to classes 1 to 34. Services belong to classes 35 to 45. Products are tangible, you can touch them. Services are intangible. Below is a rough classification (class headings) just to give you an idea of general categories  [...]

What are different types of names? Company name vs business name vs domain name vs trademark?

What is the difference between company name, business name, domain name and brand or trademark? What are different types of company, domain, business or brand names? Let's get the names straight to avoid confusion. Company name: Legal name of the company, either registered federally or in a certain state (or province in Canada). Example: Microsoft Corporation [...]

By |2018-12-01T21:33:45+00:00November 12th, 2018|, , , , , , |0 Comments

Do I need to register a trademark if my business incorporated?

If you simply business incorporate or register a corporate name, it doesn't mean that the government approved for you to use the name as a trademark. If we take a US LLC, as an example, every state has its own laws about business names. You can register your LLC name in Delaware but the business name registration [...]

By |2018-12-01T21:43:36+00:00November 12th, 2018|, , , , , , |0 Comments

Do I have to use my trademark in the US prior to filing? Do I have to use my trademark after registration?

In the US, use is not required prior to filing. However, a trademark must be put to use prior to registration unless a foreign applicant relies on a foreign registration as the filing basis. To register a trademark one must file a Statement of Use together with specimens of use. Use is mandatory after registration. [...]

By |2018-08-04T22:34:36+00:00August 4th, 2018|, |0 Comments

Can I use my trademark if it isn’t registered?

It’s perfectly legal for you to use your trademark without registration. However, if you are using a trademark that is similar to another name that was adopted before you adopted your trademark, you may be liable for trademark infringement. To minimize the risk of choosing a trademark that's similar to another name, you should do [...]

How long does it take to register a trademark?

It takes a minimum of 8 months to register trademark in the US. If there are office actions (objections from the Trademarks Office), then registration will be delayed. It's not uncommon for a registration to take a year or longer. It takes 20 months to register a trademark in Canada. It's painfully slo-o-ow. Don't ask [...]

By |2018-08-13T16:20:52+00:00March 9th, 2018|, , , , , |0 Comments
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Anita Mar
CEO and Registered Trademark Agent at Trademark Angel Inc.

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