Trademark Blog

Trademarkia Review (Part 1) – Is Trademarkia a Scam?

trademarkia scam

Part of my responsibility as a trademark attorney is to help individuals make informed decisions. My law practice is devoted exclusively to educating people about trademarks, as well as helping them research, register, and defend their marks. That said, I feel compelled to provide some background on a web-based company called Trademarkia. Trademarkia is very similar to LegalZoom in that it’s not a law firm. Also, just like LegalZoom, Trademarkia apparently believes that people who are seeking trademark services can be properly served through a one-size-fits-all approach. But, is Trademarkia a scam that you should avoid like the plague?

Trademark Class – How Do I Choose the Correct One?

trademark class

If you’ve ever attempted to register a trademark, you already know that the USPTO trademark application form requires you to identify the trademark class into which your product or service falls. Most people look at the portion of the form that asks for the class and, not surprisingly, have no idea what that even means. Well, the good news is that the classification system is not really all that difficult to understand once you know how to navigate it.

How Do I Trademark a Logo?

Just as it’s possible to trademark a product name and trademark a phrase, you can also trademark a logo with the United States Patent and Trademark Office (USPTO). But, applying to register a logo as a trademark is quite different than simply registering a name or a slogan. In my experience, people who file their own trademark application tend to make the most (and costliest) mistakes when they attempt to register their logos. Of course, this often leads to the expenditure of additional time and money that would have been completely unnecessary if the application was properly prepared in the first place. Although this is certainly not a comprehensive list of all the things you need to know to successfully trademark a logo, here are a few hints that will help you avoid making some common mistakes.

Can I Trademark a Product Name?

trademark product name

People ask me all the time if it’s possible to trademark a product name. The answer is….sometimes. Some categories of product names are eligible for federal trademark registration with the United States Patent and Trademark Office (USPTO), while others are not. In general, the more unique and creative your product name is, the easier it will be to register it as a trademark and the greater scope of protection it will receive.

What is a Final Office Action?

final office action

A final office action is issued by the United States Patent and Trademark Office (USPTO) if you didn’t successfully or properly respond to all of the issues raised in a previous trademark office action. If your trademark application was filed directly with the USPTO, then you must take action within three months from the date the final office action is sent (or six months if you timely filed a Request for an Extension of Time to File a Response). On the other hand, if you’re seeking an extension of protection of your trademark in the United States through WIPO and the Madrid Protocol, then you must take action within six months from the mailing date of the final office action. In both cases, if you fail to do so, your trademark application will go abandoned and you’ll have little choice but to begin the trademark application process all over again (unless you’re eligible to file a Petition to Revive).

If you receive a final office action, you basically have three options: