A trademark that has been registered on the Principal Register and in use in commerce consistently for five consecutive years is eligible to file for incontestability. This makes such trademarks immune from some of the most frustrating challenges from other trademarks and their owners. First, the things that Incontestability do not immunize a trademark completely …
What Makes a Trademark a Strong Trademark? One of the most important and most exciting parts of starting a business or launching a new product is coming up with a name and/or developing your marketing. It’s also a dangerous prospect; you might spend a good deal of time and money buying advertising, printing brochures and …
There is no requirement in the law to perform a trademark search before applying for registration. However, performing a trademark search is an important step to take to protect yourself from expensive legal problems later on. Before you commit money to marketing and advertising of a business name, signature service, or the name of your …
The USPTO allows for registration of trademarks on two different registers. The Principal Register is the ultimate goal for legal protection in the U.S. However, if your trademark is deemed not distinctive of your goods and services, but only capable of being distinctive, it can be registered on the Supplemental Register. The Supplemental Register offers …
Registering a trademark is useful and important, but that is not what gives someone rights in a trademark; registration only documents and clarifies common law rights. To get rights in a trademark in the United States, the mark must be used in commerce in the ordinary course of business. The U.S. has a “use-based” system …
