Trademark Guide Archive - Trust Tree Legal, P.C.

Amazon Brand Registry in 5 Steps

by Bill Ferrell August 20, 2018

There are something like a bajillion articles on the interwebs about the Amazon Brand Registry. We decided to make the shortest one possible. Now, even the busiest Amazon seller can understand what’s required. Here's the absolute bare minimum you need to know about the Amazon Brand Registry: Who cares? Only people who sell on Amazon should care about this. WTF is it? It’s a brand registration that Amazon runs. It's the only practical way to protect your brand from scoundrels (like counterfeiters and infringers) on Amazon. How do I do it? 1. Pick a trademark that has letters. Amazon requires [...]

Can you trademark a person’s name?

by Trust Tree August 16, 2018

You can trademark a person's name. In fact, you can trademark someone else's name. But, if you want to register a trademark that includes the name, nickname, portrait, or signature of a living individual, there are a few things you need to know. In additional to the usual filing requirements, you need permission to trademark a person's name. You must include a written consent to registration of the trademark with your application that is signed by the person that is the subject of the trademark. If the living individual’s a minor, then the appropriate party to sign the written consent [...]

How to pick a company name

by Bill Ferrell July 24, 2018

After you figure out your branding, you need to pick a company name that evokes that brand. Picking a good company name at the outset will maximize the value of your company name and will prevent a whole host of problems. Selecting and clearing good company names can be a frustrating and time consuming process, but the rewards for selecting a great name are well worth the effort. The good news is, once you get it figured out the process is the same for any trademark, not just company names. The more distinctive a trademark is, the more valuable it [...]

International Classification of Goods and Services

by Bill Ferrell November 15, 2017

The USPTO uses the International classification of goods and services for trademarks, which divides goods and services into 45 categories below. A more detailed explanation of the International classification of goods and services is available on the USPTO website. GOODS Class 1 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals [...]

Trademark terminology

by Bill Ferrell November 14, 2017

We made a handy-dandy trademark glossary of trademark terms, with definitions in plain English. abandonedAcceptable Identification of Goods and Services ManualAllegation of Useappealarbitrary trademarkCancellationcease and desist letterclassification of goods and servicescollective trademarkcommon law trademarkcopyrightdisclaimerdistinctivenessExaminer's AmendmentExamining Attorneyfanciful trademarkfiling basisFinal Office Actiongenericgenericidegoodsgoods and servicesin commerceincontestabilityINTAIntent-to-UseInternational Trademark AssociationITUlikelihood of confusionMadrid Protocolmerely descriptiveNOANon-final Office ActionNotice of AllowanceOffice ActionOfficial GazetteOppositionpatentPrincipal RegisterPriority Actionprosecutionpublication for oppositionsecondary meaningserial numberservice markservicesSOUspecimenstandard character formatStatement of Usestylized trademarksuggestive trademarkSupplemental RegisterSuspensionSuspension Inquiry LetterSuspension LetterTMEPtrade dresstrademarkTrademark Manual of Examining ProceduresTrademark Trial and Appeal BoardTTABUnited States Patent and Trademark OfficeUSPTOWIPOword trademarkWorld Intellectual Property Organization

How to protect product packaging with trademarks

by Bill Ferrell November 13, 2017

Distinctive packaging can drive sales, but it can also lead to knockoffs. Imitation may be the sincerest form of flattery, but it kills value in the branding world. How you protect your packaging can have a tremendous impact on the return you will obtain from your business. The best way to protect your packaging is with a trademark. Packaging that functions as a trademark (called “trade dress”) is entitled to a limited scope of protection. To maximize this protection, you need a federal trademark registration. Federal trademark registration provides important legal benefits such as a presumption of nationwide validity and the right to [...]

Trademark scams

by Bill Ferrell November 10, 2017

Trademark scams take the form of solicitations from official-sounding organizations for trademark monitoring services, legal services, recordation services with U.S. Customs and Border Protection, and registration services in the company’s own private registry. So how do you avoid getting duped by a trademark scammer? First of all, all official government correspondence will be from the “United States Patent and Trademark Office” in Alexandria, VA, and if by email, specifically from the domain “@uspto.gov.” Secondly, if you hired a lawyer to file your application, the lawyer will be the correspondence for all official communications. You should not receive anything directly [...]

Roadmap to a successful trademark strategy

by Bill Ferrell November 10, 2017

Every business spends loads of resources educating customers on the value of its products, building brand loyalty, addressing customer issues, and distinguishing itself from its competitors. The point of all this effort is to build up goodwill and customer loyalty, which invariably lead to a long-lasting and profitable business. No matter the particular industry, that hard-earned goodwill and customer loyalty has a lot of value. Your trademark, by definition, is an embodiment of your goodwill. Therefore, a distinctive, properly protected, and well-managed trademark is often a company’s most valuable asset (according to Forbes, Google’s trademark is worth $44.3 billion dollars). Your trademark [...]

How to search a word trademark for free

by Bill Ferrell November 10, 2017

How To Do A USPTO Search Let's walk through the mechanics of searching a trademark on the USPTO database. We're based in Nashville, and we're surrounded by distilleries. Let's say that one of these distilleries comes up with the following tag line for one of its products: THE GRAND OLD DRINK OF THE SOUTH. To run a search on this potential trademark, you should first navigate to the USPTO website. Click on "Trademarks" and select "Searching Trademarks". Navigate to the Trademark Electronic Search System (TESS). You will now be presented with 3 options: Basic Word Mark Search (New User); Word and/or Design [...]

How to search a logo for free

by Bill Ferrell November 10, 2017

Let's walk through the mechanics of doing a logo search on the USPTO database. In this example, we will assume that you want to use the logo below for legal services. To run a search on this logo, you should first navigate to the USPTO website. Click on "Trademarks" and select "Searching Trademarks". Navigate to the Trademark Electronic Search System (TESS). The starting point for a logo search is the USPTO's Design Search Code Manual. The USPTO assigns design search codes to applications and registrations to help with searching the USPTO database for conflicting marks. Links to the Design Search Code [...]