Ah, the dreaded Office Action, every trademark applicant's worst nightmare (that might actually be an opposition, but I digress). What does it mean? What can be done about it?
Trademark applications have to meet certain requirements or they will be refused registration by USPTO. Many times, if counsel is engaged to prepare the trademark application, a number of these refusals can be avoided.
Once an Office Action has issued, it may be difficult to overcome because many modifications are not allowed after an application has been submitted.
"Likelihood of confusion" is a common reason for an Office Action. This means USPTO has done their own search of already registered marks and found something they think your mark is too similar to.
It's important to engage legal counsel once you have an Office Action. We may be able to help you, or at least try to craft a response that may help get your mark registered.
If you've been issued an Office Action, please fill out the form below and we'll evaluate your issue.
A lot of people want to be business owners, but they don't want to go through all of the hassle of a start-up. They'd like to buy an existing business that's already proven and turn key. In that instance, what are your options for buying a business? In this video, I discuss starting your own business, buying an existing business or buying a franchise.
People always ask when, why and how they can use different trademark symbols. In this post, we'll review the different trademark symbols and their use.
First, as soon as one uses a name or logo, common law trademark rights kick in, and "TM" for goods or "SM" in the event of services can be used in connection with a name or logo. If you haven't done your homework, using "TM" or "SM" is not going to ward off potential claims of infringement if someone else happens to be using your name or tagline, but it's at least notification to those you do business with that you intend to claim trademark rights.
if you've submitted a trademark registration application to USPTO and it's been approved and gone on to registration, you are allowed to now use the R in the circle symbol as shown above. This symbol means that the mark has actually been registered. Federally registered marks carry strong rights and remedies in the event of infringement.
If you have questions about a trademark or submitting a trademark application, book a call with us here.
Sarah E. Holmes is a Philadelphia business attorney and strategist that helps start ups and established businesses looking to expand, protect their assets and increase their profits in an approachable, down-to-earth way. When you're looking for a business lawyer in Philadelphia, the Main Line or New Jersey, we can help.
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