Medina Spirit's first stop after crossing the finish line at Churchill Downs is of course the Winner’s Circle. The second stop should be a call with a trademark attorney. The Kentucky Derby purse and the potential for the purses of Preakness Stakes and Belmont Stakes are just the beginning of the potential windfall for the owners of a Derby winner. In most cases a three-year-old thoroughbred is not trademarked at the time of the running of the Kentucky Derby. Until winning th

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