Trademark Specimen

Trademark Specimen showing use.

Trademark Specimen showing use of the Mark to identify your goods/services must be submitted with a trademark application. The specimen must show the Mark as filed and identify the goods/services specified in the application, such as packaging, labels, menu, webpage. Likely a picture of your product with a tag or label or packaging showing the mark and good/product. Continue reading

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Trademark Classes

Trademarks are classified based on the type of product or service the mark is associated with and identifying.  Determine the class of your trademark by reviewing the trademark classes Trademark Classes.

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Can I trademark a slogan?

Can I trademark a slogan, especially on a tee shirt?

No – in general.

The US Trademark Office says:

Products:
Slogans
or phrases used on items such as t-shirts and sweatshirts, jewelry, and ceramic plates have been refused registration as ornamentation that purchasers will perceive as conveying a message rather than indicating the source of the goods. Continue reading

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Why perform a trademark search

Why perform a trademark search/pre-screening?

By performing a trademark search your aim is to discover if any trademarks are in existence, which may be relevant to your choice of a mark or affect the outcome of your own trademark application. Based on the trademark search results you will be able to determine whether or not your mark is cleared for registration (registerable).

You need to know if your mark is under a federal registration (covering all fifty states), state registration, or is in the process of being considered to be eligible for registration. Continue reading

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What is a Trademark

Definition of Trademark

What is a trademark  -A trademark is a form of protection for a product mark™ in the form of a word, name, phrase, tag-line (Standard Characters) symbol, graphic, color (Stylized and/or Design) or a combination word/graphic that identifies a product being introduced in the market place.

Service Mark –A service mark is a mark SM similar to a trademark, except it identifies a service being offered in the market place. The terms “trademark” and “mark” often are used to refer to both trademarks and service marks. Continue reading

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Trademark Infringement

Trademark Infringement

Companies must protect their brands and trademarks, among the most valuable of company assets, from infringement and misappropriation in order to preserve the brand value. Call Balser & Grell a 678-202-5990 to discuss monetary and non-monetary remedies available for trademark infringement.

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U.S. Trademark Registration

U.S. Trademark Registration

The trademark registration process, step one conduct a trademark search to determine whether another prior registered mark may prevent registration of the new mark, an attorney can generate a trademark search report and drafting trademark availability reports, prior to the preparation and submission of trademark applications. Once a trademark application is submitted for review by the USPTO, as your attorney we will oversee the prosecution of your trademark application. If in the event your trademark application is rejected we are familiar with the strategies and arguments used to overcome such refusals. Once approved by the USPTO your trademark application is published for anyone to review and or oppose its registration.  Finally, as your attorney we are familiar with the final steps prior to registration and the potential for an interested third party to oppose the registration of a trademark and initiate an opposition proceeding which can ultimately decide if a trademark will register.

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What happens after trademark application is submitted

What happens after trademark application is submitted?

The trademark registration process begins with conducting a trademark search and proceeds  to the preparation and submission of trademark applications. Once a trademark application is submitted for review by the US Trademark Office, the attorney must oversee the prosecution of an application (proceedings at the US Trademark Office) and must be familiar with the grounds that a trademark application may be refused registration and the strategies and arguments used to overcome such refusals. Finally,  an interested third party may oppose the registration of a trademark and initiate an opposition proceeding which can ultimately decide if a trademark will register.

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U.S. Trademark Registration

U.S. Trademark Registration

The selection, registration, and maintenance of a trademark are essential steps in the development and protection of trademarks and brands. As brands are now commonly recognized as the cornerstone of  commercial identity and one of the most valuable assets, the ability to successfully register a trademark has become more important than ever. Trademark applications are typically handled by attorneys specializing in intellectual property law, able to master the steps necessary to successfully register a trademark by understanding the basic tenets of trademark law and the policies and procedures of the U.S. Patent and Trademark Office.

 

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