Trademark Specimens: What the USPTO Accepts and Rejects
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A specimen shows the USPTO how your mark is actually used in commerce. For goods, accepted specimens include labels, tags, packaging or a product web page with a way to buy. For services, advertising or a website […]
A Guide to Word Trademark Renewals for Minnesota Businesses
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A federal trademark must be maintained to stay alive. You file a Section 8 declaration of use between the fifth and sixth year after registration, then a combined Section 8 and 9 renewal every 10 years. A […]
Understanding the Section 1(b) Intent-to-Use Trademark Timeline
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A Section 1(b) intent-to-use application lets you reserve a mark before you start using it. After the application is approved and published, the USPTO issues a notice of allowance. You then have six months to file a […]
Drafting Broad but Compliant Goods and Services Descriptions for Section 1(b) Intent-to-Use Trademark Applications
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: Your goods and services description defines what your registration covers, so it should be broad enough to protect your plans but specific enough for the USPTO to accept. For intent-to-use filings, list only items you genuinely intend […]
What Is a Common-Law Trademark Search?
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A common-law trademark search looks for businesses using a name without registering it, through web searches, social media, marketplaces and business directories. Because U.S. trademark rights come from use, an unregistered local business can still have prior […]
Comprehensive Trademark Clearance Checklist
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A complete trademark clearance covers USPTO records, state registrations, common-law use online, domain names, social handles and marketplaces such as Amazon and Etsy. It also checks similar spellings, sound-alikes and related goods and services. Working through each […]
A Comprehensive Word Trademark Search for Minnesota Businesses
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A comprehensive word trademark search checks the name itself, including spelling variations, phonetic equivalents and translations, across USPTO records, state filings and common-law use. For Minnesota businesses it is the most reliable way to learn whether a […]
What Is a Trademark Office Action? A Minnesota Business Owner’s Guide
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Office actions & rejections guide Short answer: An office action is a letter from a USPTO examining attorney listing problems with your trademark application, from fixable wording issues to a refusal based on a similar mark. You generally have three months to respond, with […]
Detailed Explanation of What are Trademarks
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: A trademark is a word, phrase, logo, symbol or design that identifies who makes a product or provides a service and sets it apart from competitors. Rights come from using the mark in commerce, and federal registration […]
Minnesota Trademark Law-related News & Resources
Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide Short answer: This page collects news and resources on Minnesota and federal trademark law for business owners. Trademark rights come from use and can be strengthened by a Minnesota state registration or a federal USPTO registration. Use these resources […]