While a federally registered trademark is the more commonly known, it does have a lesser-known sibling, the common law trademark. Unlike federally registered trademarks, which must survive a sometimes lengthy application prosecution and incur fees at the United States Patent and Trademark Office, a common law trademark can arise solely through the use of the mark. This is true whether the mark is a word, logo or slogan, and the mark can even have the advantage of using the TM

Quick Answer - yesterday, sometime today, or right now. When considering federal trademark registration, typically the sooner you apply for registration, the better. In order to be eligible to apply for federal trademark registration through the United States Patent and Trademark Office (USPTO), you must either be currently using the mark (business name, logo, slogan, social media name) in some form of interstate commerce, or you must have the bona fide intent to do so. The a

Plan for a Year and Hope for Less While the trademark application process has standard timelines, all trademark applications are unique with many presenting challenges that can take the standard timeline down a road of many twists and turns. However, after experiencing all types of trademarks and office actions, we recommend that our clients plan for a full year before they have a complete registration. Step 1: Clearance Search – 1 to 2 Weeks Prior to filing an application, i

There are actually few times when one absolutely needs a trademark by law. For instance, the most common trademark requirements are often seen in franchising and licensing of business names and logos. However, trademark registration is very important for building brand identify and future growth of a business, and it should not be overlooked in the very beginning stage of business development. Though you may not be legally required to register your trademark, not doing so is

So what exactly is a trademark? I have taken all of you on a complicated ride through thoroughbred racetracks and geography; now its time to travel back in time to a better starting point. What is a trademark? I’m sure it seems pretty basic to everyone. But to eventually get into all of the unexpected twists and turns of the trademark registration and prosecution process, I will get back to this basic question. As you stumble into work each morning, carrying a purse, a tote

If you live outside of the Northeast or Mid-Atlantic regions, you may not have noticed Sunday's sudden 180-degree turn back to cloudy skies, threats of downpours and overnight frost warnings. Today is actually looking much better, but Sunday night I went to sleep under a frost warning and yesterday I broke out the heavy coat. Though the weather may be disappointing, it is also a sure sign that a certain event is right around the corner. Or should I say, a certain event is jus

Penn State Happy Valley Edition - Part II Welcome back to Creative Law Studio #TMTuesday If you’re wondering what the updates on the Happy Valley trademark case are, you are not alone. I am also excited to read the rebuttal arguments, but we will likely wait this one out for a few months or more. The U.S. Patent and Trademark Office provides a six-month window for the submission of the rebuttal argument, so this is likely the last I will discuss this case until the rebuttal i

Penn State Happy Valley Edition - Part I It appears to be Tuesday already, which means #TMTuesday. Welcome back to the Creative Law Studio Blog. Last week, I wrote as just a fun little introduction to this blog and all of the great things ahead. Today, we are going to dive into a little bit of the real fun – some real trademark law. I know - I’m real excited about this too. As also mentioned in the introductory blog, I will occaionally be writing about trademarks in the news,

I bet this is your first visit to creative law studio. I hope you enjoy the content and make this only the first of many visits. As I sit here working on the finishing touches to this website before publishing it, (and trust me, there have been about 4 false starts, each ending in the realization that I hadn't met my preferred level of perfection needed for publication) I know the site may not be quite ready. However, much like an artist working on a painting, who can easily