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Patent Process

Patent Process

What Is a Poor Man’s Trademark?

Are you looking to get a trademark for a product or service and are wondering if you can get a poor man’s trademark instead? And what exactly is a poor man’s trademark? What Is a Poor Man’s Trademark? A poor man’s trademark, in simple terms, is when a person mails to themselves in an envelope their underlying artwork or name they wish to trademark to themselves using the United States Postal Service.  The theory is that, because they have used…
February 22, 2021
Patent Process

How Long Does It Take to Get a Trademark?

Trademark rights can be very important, and the process to get a trademark can take some time. While the timing can be dependent on the specific facts and circumstances surrounding your particular trademark, the whole process typically takes about a year in total to complete.  How Long Does it Take to Get a Trademark? There is a general timeline and process to take to get a trademark, going from its initial inception to ultimate trademark approval with the United States…
February 22, 2021
Patent Process

What Is a Dead Trademark?

A trademark is a recognizable sign, design, or expression that identifies the goods or services of a particular source. Trademarks can be registered with the United States Patent and Trademark Office (USPTO) to receive more robust legal protection than those automatically granted under common law legal rights.  What is a Dead Trademark? A dead trademark is what happens when a mark no longer has any type of federal trademark registration with the USPTO but did at one point in time. …
February 18, 2021
Patent Process

LLC vs Trademark

Are you looking to start a new business, or have you recently started one? Wondering whether to register your business name as an LLC, trademark, or both? What provides the best legal protection for your business and yourself as an individual? LLCs vs Trademark Which options to choose when it comes to LLCs vs. trademarks and when will depend on the specific fact and circumstances of your business. Most importantly, it will depend on what type of legal protection is…
February 18, 2021
Patent Process

How to Trademark Your Business Name

If you are taking steps to establish your new business, an important aspect of your business is, of course, the name of the business. Because the name of your business is incredibly important, you no doubt want to obtain as much legal protection of it as possible.  How to Trademark Your Business Name An important thing for you to consider is getting trademark protection for your business name. This will ensure the greatest legal protection for your business’s name.  A…
February 18, 2021
Patent Process

How to Trademark a Product Name

If you have a product you are looking to sell or already do sell, chances are high you will want to get a trademark or service mark for your product name.  How To Trademark a Product Name Trademarks and services marks (used interchangeably in this article) can provide important intellectual property rights that will help your product succeed in the market.  How to Come Up With the Best Product Name Before you can trademark your product, you will need to…
February 18, 2021
Patent Process

How to Trademark a Book Title

Books can be incredibly important and valuable works to their authors. Do you have a book you are working on wondering if you should trademark the book title, or if you even can? The answer to this question is somewhat complicated.  In general terms, you cannot trademark a singular, stand-alone book title. However, if your book is part of a series, you can look into trademarking your books series title. This is because of the underlying reasons why trademarks are…
February 18, 2021
Patent Process

What Is a Fanciful Trademark?

Trademarks have varying levels of strengths depending on the strength of the underlying term used as compared to the goods or services at issue. Fanciful trademarks provide the greatest protection against trademark infringement. So what exactly is a fanciful trademark? What Is a Fanciful Trademark? In general, a fanciful trademark is a trademark with words that are invented solely to function as a trademark and therefore the mark only has meaning when applied to the specific trademark.  Fanciful Trademark Definition…
February 18, 2021
Patent Process

How to Trademark a Band Name

A band name can be crucial to the overall success and vitality of a band. If you are part of a band or are looking to form a band, you may be wondering whether or not you should trademark your band name, and if so, how to go about doing it.  How to Trademark a Band Name In general, it is typically a good idea to trademark your band name once you are all settled on the specific name. By…
February 18, 2021
Patent Process

What Is the Difference Between a Logo and a Trademark?

Wondering what the difference between a logo and a trademark is? While the two have similarities, and indeed can have some overlap, they are distinct concepts. This is especially true from a legal rights perspective.  What Is the Difference Between a Logo and a Trademark? A trademark is a distinguishable and recognizable sign, design, or expression that identifies specific products or services of a particular source as distinct from others.  A logo is a graphic sign, mark, or symbol used…
February 18, 2021