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Shannon Moore Articles
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Trademarks - What is a Conflict? What is a Strong Similarity? - Click To Read Article Most often when one hears the term Common-Law, it's in reference to marriage. If that's what you're looking for, go here. Otherwise, keep on reading. What NOT to Choose as a Domain Name for Your Business - Click To Read Article Choosing a domain name for your business can be one of the most important decisions you make. You want something that relates to your business, is catchy and is easy to remember. Just keep in mind what you don't want. Likelihood of Confusion: The SAM Rule - Click To Read Article When filing for a Federal trademark, it's important to keep the SAM rule in mind. Who's SAM? SAM's not a person but a concept employed by the USPTO during their review process of new Federal trademark applications. Search Your Business Name - Why You Need To & How To Get Started - Click To Read Article Starting a new business can be overwhelming, exciting and confusing all at once. No matter the industry, all new businesses have to deal with financing, advertising, organization, ownership structure, etc. One area that is neglected by many is ensuring that the name of the business is truly available. Federal Trademark Application Timeline, Intent to Use Application - Click To Read Article A detailed timeline for a Federal trademark application for those applicants that are not currently using their marks. Copyrights vs. Trademarks - Click To Read Article Copyrights can be obtained for things of an artistic nature. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few. Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Statement of Use/Amendment to Allege Use for Intent-to-Use Application - Click To Read Article Once the Intent to Use application is filed, the USPTO will move ahead with the filing process as normal but once all the various red tape has been cut, they will need to hear from you that you're using the mark in commerce. Trademarks – What You Ought to Know - Click To Read Article Trademark law affects every business in the United States. Don't assume that your new business name, new product name, slogan or logo has not already been used commercially OR trademarked! No business name may be used in any one of the following cases... How to Register a Trademark - Click To Read Article So, you finally settled on the perfect name for your product or service – it describes the business without being overly descriptive, it tells your customers exactly what you want them to know and it's catchy. That's fantastic! Finding just the right name is vitally important to the success of any product line or service. How Do I Trademark a Slogan? - Click To Read Article It may be possible to file for a trademark for the slogan as long as it's used to indicate & identify the source of goods/services. And Just What Does That Mean? - Click To Read Article Any & all definitions can be found at the USPTO but I thought it'd be nice to take it a step further and put these explanations in easy to understand language. The material in quotes is straight from the USPTO's mouth while the text underneath is straight from mine. Trademark Your Clothing Line - Click To Read Article The first subject should definitely be explaining what branches of intellectual property are available for the various items that typically make up a clothing line. How Do You Get a Trademark? - Click To Read Article While some individuals choose to hire attorneys to walk them through the process of applying for a trademark, others choose to use a trademark research firm, which can cost thousands of dollars less. It is important to remember when hiring someone to do your research that they not only search through Federal and State trademark records for name similarities, but also Common-Law listings. Intellectual Property – The 3 Branches: Copyrights, Patents & Trademarks - Click To Read Article When you hear the phrase intellectual property, what do you think of? How can something that exists in your mind be considered property? Are your ideas your property similar to that of your house or car? Do Your Due Diligence - Click To Read Article Once your Federal trademark application is filed, it's on you, the applicant, to keep an eye on your status, any emails & any requests from the USPTO. Failure to do so could result in your application becoming canceled, so this is important. 3 Benefits a Logo Gives to your Brand - Click To Read Article Whether you're just starting your business or your business is well underway, this question has more than likely popped into your head: Should I have a logo? The One Mistake many Owners make when Starting a Business - Click To Read Article You've decided to go into business for yourself. You've done your research into your industry, overhead, equipment, advertising, etc. You're all set to go, right? Wrong! What's in a Comprehensive Common-Law Search? - Click To Read Article As part of a comprehensive name research, Common-Law sources should be checked. What makes a Common-Law search comprehensive? One Vital Question to Consider when Naming your Company - Click To Read Article The naming of your business could be one of the most important decisions you will make. A name's originality and legal availability will create a real asset value of its own, as it becomes marketed and gains market acceptance. The ONE Mistake Commonly Made when Registering a Domain - Click To Read Article You found the perfect domain name for your business and it's available. You're free to register it, right? WRONG! What is a Trademark? - Click To Read Article At one point or another, we've all seen a product or business name with a small, encircled R floating next to it. You've probably wondered what this R symbol really means, and how exactly it got there in the first place. Most people will tell you that it means something to the effect of "registered," but that's only a small part of the significance behind the circled R. The Pitfalls of Relying on Free Name Research - Click To Read Article You found the perfect name for your business and are ready to make your place in the business world. You know you should check to make sure that no one else has rights to your name but where to start? What's the Point of Getting a Federal Trademark? - Click To Read Article After reading about Common-Law, you're probably wondering why you'd even be interested in getting a Federal Trademark for your name. Well, let's break down the key reasons as provided by the USPTO. How Do I Trademark a Domain Name? - Click To Read Article The process for filing for a trademark for a domain name is similar to any other name in terms of comprehensive research and analysis being a necessity. There is one big caveat when it comes to trademarking domain names and it has to do with usage of the domain name. What is a Trademark Search? - Click To Read Article A trademark search can, in actuality, be many different things. In theory, a trademark search is performed to determine whether or not the mark you are hoping to use is already taken by another. Do You Need a Registered Trademark? - Click To Read Article It's less of a need than a want. Registering a trademark is NOT mandatory. However, are you a business owner, or do you work with a business that does not currently have a trademark registered or pending with the USPTO? If this last statement in any way describes you, then YES, you may benefit from having a trademark. Federal Trademark Application Timeline, In Use Application - Click To Read Article A detailed timeline for a Federal trademark application for those applicants that are currently using the mark in at least 2 states or between the US & another country. Hut 8, Hut 9, Hut 15! - Click To Read Article I haven't a clue if I used the correct football reference but let's go with it because it fits with the subject of this article. I've devoted a couple of articles about the various application forms it takes to get your trademark registered but what about when it is registered? What You Don't Want to See - Click To Read Article Definitions of statuses you don't want to see from the USPTO about your Federal trademark application. Specimens Not Just for Guys in White Coats Anymore - Click To Read Article Okay, let's assume that you're at the trademark stage: you've had comprehensive research conducted; the analysis on the research has been done; and (yay!) your name is clear. Now the next step is filing for the Federal trademark. Trademark vs. Service Mark - Click To Read Article Simply put, trademarks are for goods while service marks are for services. When discussing either, it is common to use the term "trademark", even when discussing a service use, because the handling of either is interchangeable by both the USPTO and all 50 Secretary of State Offices. ® vs. ™ - Click To Read Article The ™ or SM symbol is to be used for marks that either have a pending trademark application OR for marks that are simply claiming the rights to the mark. The ® symbol is to be used for marks that have a Federally registered trademark. Trademark Renewal & Maintenance – How Do I Keep My Trademark? - Click To Read Article After you’ve applied for your trademark, there will be a waiting period of approximately 18 months before your name is actually registered with the United States Patent & Trademark Office (herein referred to as the USPTO). Until then, it will be listed as "Pending." Sometimes there are hold-ups; the USPTO may not allow you to use the name you’ve chosen to apply for because there is a similar name already trademarked. "What the world really needs is more love and less paperwork." - Click To Read Article True words, Pearl Bailey, but when it comes to trademarks, paperwork is the fuel that keeps the trademark machine running. I'll devote a few posts to the different types of filings the USPTO requires. That being said, let's start at the beginning. Like this article? Share it with your friends
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