Slogan Trademark: How to Protect a Catchphrase, Tagline, or Motto
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: Yes, a slogan, tagline or motto can be registered as a trademark if it identifies your business as the source of goods or services. The USPTO refuses slogans that are merely informational, widely used or purely descriptive. […]
What Can Be Trademarked (Categories & Elements)
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: Almost anything that identifies the source of goods or services can be a trademark: words, names, logos, slogans, designs, colors, product shapes, packaging, sounds and even scents. What cannot be registered includes generic terms, merely descriptive words […]
Can You Trademark a Sound or Piece of Music?
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: Yes. A sound can be registered as a trademark if customers associate it with one source, like the NBC chimes or a distinctive jingle. You file a sound mark with an audio file and a written description. […]
What Is a Service-Based Trademark?
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A service-based trademark, or service mark, is a name, logo or slogan that identifies the business providing a service, such as a consulting firm, salon or software platform, rather than a physical product. It is registered with […]
Logo Trademarks: How Minnesota Businesses Can Protect Their Brand Identity
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A logo trademark protects a specific design, including any stylized lettering, as it appears. It is valuable once your branding is settled, but it is narrower than a word mark, which protects the name in any style. […]
Comprehensive Trademark Searches: Why Minnesota Businesses Need More Than a Quick Lookup
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A comprehensive trademark search goes beyond the USPTO database to cover state registrations, business filings, domain names and common-law use online. A name can be absent from federal records and still be in use by a business […]
Common-Law Trademark Searches in Minnesota: Why Real-World Brand Use Matters
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A common-law trademark search looks for unregistered businesses already using a similar name. Trademark rights in the U.S. come from use, not just registration, so a local company using a name first can block or limit your […]
A Complete Guide to Smell Trademarks: How Scent Marks Protect Brand Identity
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A scent can be registered as a trademark only if it is non-functional and customers recognize it as identifying one source. Perfume and air freshener scents usually fail because the smell is the product itself. Very few […]
The Strategic Value of a Trademark Clearance Search
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A trademark clearance search tells you whether a name is safe to use and likely to register before you spend money on branding. It checks federal and state records and real-world use for conflicting marks. Skipping it […]
The Trademark Process: A Practical Minnesota Guide for Businesses
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: The federal trademark process has five steps: search and clear the name, file the application with the USPTO, respond to any examiner objections, survive a 30-day publication period for oppositions, then register. Intent-to-use filings add a statement […]