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

One frequent question I get is whether you have to have a business entity formed in order to file a trademark application.  This is an important decision that you will need to make.  You will also need to correctly identify the trademark owner if you file a trademark application with the U.S. Patent & Trademark … Read more

When filing a trademark application with the U.S. Patent & Trademark Office, you will need to choose a trademark filing basis.  The filing basis is like the foundation of your application.  If that foundation is not solid, it can cause problems either during the application process or in the future should the trademark registration you … Read more