A Minnesota Business Owner’s Guide to Word Trademarks
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A word trademark (a standard character mark) protects the name itself, in any font, color or style, rather than one specific logo design. For most Minnesota businesses it is the broadest and most flexible registration to file […]
How Minnesota Federal Trademark Applicants Can Spot Trademark Scams Including www.pto-us.com and Other Fraud Sites
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Disputes & enforcement guide Short answer: Real USPTO messages come only from uspto.gov addresses, and the USPTO never asks you to pay through a third-party website or by phone. Letters or emails from look-alike sites such as pto-us.com demanding registration, publication or monitoring fees […]
What is a trade dress and how can it help protect Minnesota businesses?
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: Trade dress is the overall look of a product, its packaging or even a store, such as its shape, colors and layout, that customers recognize as coming from one business. It can be protected under federal trademark […]
Trademark Application Scam Alert for Minnesota Federal Trademark Applicants: Beware of Fraudulent “USPTO Verification” Emails from Teas@tsdrlawoffice.com
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Disputes & enforcement guide Short answer: Emails from addresses like teastsdrlawoffice.com asking you to verify your application or pay a fee do not come from the USPTO. Genuine USPTO correspondence comes from uspto.gov addresses and appears in your TSDR file. If a message asks […]
Outkast vs. Ovrkast: What the High-Profile Trademark Dispute Means for Minnesota Businesses
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Disputes & enforcement guide Short answer: The Outkast and Ovrkast dispute shows that a name can be challenged even when the spelling differs, because trademark law asks whether consumers are likely to be confused by how two marks look, sound and feel. Before launching […]
Domain Names, Trademarks, and Intellectual Property: What Minnesota Businesses Must Know
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: Registering a domain name does not give you trademark rights, and using a domain that matches someone else’s trademark can lead to a cybersquatting claim or a UDRP complaint. Clear the brand name first, file the trademark, […]
Trademark vs. Service Mark: Minnesota Guide for Business Owners
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A trademark identifies the source of physical goods, and a service mark identifies the source of services. Legally they work the same way and are registered through the same USPTO process, so most people say trademark for […]
5 Trademark Protection Tips for Minnesota Businesses | Twin Cities Trademarks
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Costs & hiring an attorney guide Short answer: Minnesota businesses lower their trademark risk with five habits: clear a name before launch, choose a distinctive mark, file early with the USPTO, monitor the marketplace for copycats, and keep registrations maintained as the business grows. […]
A Minnesota Business Guide to Word Trademark Freedom-to-Operate Searches
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A freedom-to-operate search checks whether you can use a brand name without infringing someone else’s existing rights. It looks beyond federal registrations to state filings and real-world common-law use. For Minnesota businesses, running one before you invest […]
The Value of a Trademark Knockout Search
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A knockout search is a quick first screen of USPTO records for identical or obviously similar marks. It can rule out a name in minutes, before you spend money on a deeper search or an application. It […]