4. Filing is made with the USPTO, which evaluates new trademark registration applications and hears trademark appeals, oppositions and cancellation proceedings (TTAB).
5. Federal rights and registration are available only for marks used in interstate commerce (covers most trademarks in use on the Internet).
30. 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.
31. Trademark protection is also available under appropriate circumstances for sounds, colors and other “indicia of origin”.
32. The application must accurately depict the trademark as it is used (or intended to be used) in commerce.
38. “Trademark” is generic or merely descriptive and therefore not subject to protection (note: the Supplemental Register is available for seeking preliminary protection for descriptive marks).
43. All trademarks cleared for registration go through a 30-day “publication” process during which third parties have the opportunity to object to the proposed registration.
44. Intent-to-use trademark applications will not obtain registration until an adequate specimen of is submitted in the form of a Declaration of Use or an Amendment to Allege Use.
52. 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.
53. A comprehensive trademark monitoring and enforcement strategy should be put in place to protect the rights afforded by federal trademark registrations.
56. eTrademarkSolutions.com provides both standard and customized brand monitoring packages to brand owners and entrepreneurs. Packages are available for owners of 1, 100, or more trademarks.
57. Monitoring results are provided in a comprehensive trademark portfolio which includes guidance and other tools for maximizing the value of your trademarks.