Trademark Blog

What is a Trademark?

what is a trademark

What is a trademark? Well, a trademark typically refers to a word, phrase, logo, symbol, or character (or combination thereof) that’s used in connection with the advertising and sale of products and services, and that serve to indicate the source of those products and services. Some very famous trademarks include DISNEY, MCDONALD’S, COCA-COLA, MICROSOFT, and JUST DO IT. These trademarks are often used in association with different fonts or logos, which are also separate trademarks. For instance, MCDONALD’S is commonly seen with the “golden arches” logo, while JUST DO IT is often used next to the famous Nike “swoosh.”

Is LegalZoom Legit for Preparing My Trademark Application?

legalzoom legit

It’s common for potential clients to ask me, “Is LegalZoom legit when it comes to preparing and filing a trademark application?” You have undoubtedly heard of LegalZoom if you watch television or listen to the radio. LegalZoom is a do-it-yourself trademark service that cannot provide you with any legal advice or guidance because it’s not a law firm. All communications you have with LegalZoom aren’t covered by the attorney-client privilege and won’t be treated as confidential by the United States Patent and Trademark Office (USPTO) or any court in the U.S.

What are the USPTO Trademark Application Form Requirements?

uspto trademark application form

The USPTO trademark application form is a legal document filed with United States Patent and Trademark Office for the purpose of seeking federal registration and protection of a trademark throughout the United States. If you’re domiciled in the U.S., you’re not required to hire an attorney to prepare and file your trademark application (although there are certainly many reasons why you may choose to). On the other hand, if you’re a “foreign-domiciled” individual or entity, you must retain a U.S.-licensed attorney to prepare the USPTO trademark application form and submit it on your behalf.

What is a Trademark Appeal? How Do I File One with the TTAB?

trademark appeal

You have the option of filing a trademark appeal with the Trademark Trial and Appeal Board (TTAB) when the trademark examining attorney issues a final refusal to federally register your mark. For example, let’s say you file a trademark application and the trademark examining attorney sends you a trademark office action refusing registration of your trademark on the basis that there’s a likelihood of confusion with another mark that’s already registered. In order to attempt to overcome the rejection, you research, prepare, and submit arguments and evidence to the trademark examining attorney pointing out all of the differences between the two marks and detailing why your trademark application should be approved. A few weeks later, you receive a final office action from the trademark examining attorney indicating that he did not find your arguments persuasive and that he’s now making his refusal to register your trademark final.

Should I File a Request for Reconsideration With the Trademark Office?

request for reconsideration

A Request for Reconsideration comes into play when the trademark examining attorney in charge of reviewing your trademark application issues a trademark office action indicating that the refusal to register your mark has now been made final. A Request for Reconsideration is generally used for two different purposes: