Trademark Clearance Research A Critical First Step eTrademarkSolutions.com a service of Fabian, LLC phone: 866.545.7859 web: www.fabianlegal.com twitter: @jsfabian in: in/jeffreyfabian
Before applying for registration with the USPTO, it is important to conduct clearance research to determine whether or not the trademark is available for adoption.
Trademarks do not have to be identical or cover identical goods/services in order to create a “likelihood of confusion”—similarity is enough.
Comprehensive trademark clearance research covers registered trademarks and pending applications (including a review of their status and any objections), as well as other federal, state, domain name and other Internet and common law resources.
Filing fees must be submitted at time of filing (exception for additional fee for intent-to-use applications, which must be paid upon submission of the Specimen and Declaration of Use (or Amendment to Allege Use if use begins before application is approved)).
Words, Designs, Combinations eTrademarkSolutions.com a service of Fabian, LLC phone: 866.545.7859 web: www.fabianlegal.com twitter: @jsfabian in: in/jeffreyfabian
Applications can cover words only, an image only, or a combination of the two.
If seeking protection for a logo with words, consider filing two applications—one for the logo and one for the words—this will protect your design and also allow for expanded use of the words-only component of the trademark.
Trademark protection is also available under appropriate circumstances for sounds, colors and other “indicia of origin”.
The application must accurately depict the trademark as it is used (or intended to be used) in commerce.
Does not apply to fonts for words-only trademarks.
For graphic marks, coloration can be claimed or disclaimed
Trademark Monitoring eTrademarkSolutions.com a service of Fabian, LLC phone: 866.545.7859 web: www.fabianlegal.com twitter: @jsfabian in: in/jeffreyfabian
Federal law requires trademark owners to protect and enforce their trademark rights. Failure to do so can lead to abandonment.
Trademark law is intended to protect both business owners and consumers. It is not intended to grant unconditional monopolies to trademark registration applicants. As a result, trademarks that are not used and appropriately protected are subject to forfeiture.
A comprehensive trademark monitoring and enforcement strategy should be put in place to protect the rights afforded by federal trademark registrations.
Learn more about trademark monitoring here: What is Brand Monitoring?