Trademark law protects branding and works to prevent consumer confusion as to the source of products/services. If you own a business, you most likely already own trademark rights, regardless of whether you have registered your trademark with the U.S. Patent & Trademark Office. But how do you acquire trademark rights? Is there a form you … Read more
At the U.S. Patent & Trademark Office, all products and services are divided into 45 “classes.” For example, most clothing falls into Class 25. One of the biggest classes covering a wide range of services is trademark Class 42. Trademark classes are administrative, and do not affect your trademark rights. However, you will need to … Read more
Filing a trademark application with the U.S. Patent & Trademark Office requires you to choose a “filing basis” for your application. You must have a valid filing basis for registration of your trademark. Most of these filing bases have very strict requirements. However, the “intent to use” basis only requires that you have a bona … Read more
Trademarks do not all receive the same level of protection. It is not a binary system where something either receives trademark protection or not. Instead, the scope of protection a trademark receives is based on its distinctiveness. There is a spectrum of trademark distinctiveness where each trademark falls. A more distinctive trademark is stronger and … Read more
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