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Shannon Moore Articles

Written by: Shannon Moore

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?

Trademark International Class: Class 25 (Clothing) - Click To Read Article
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 25.

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.

Trademark International Class: Class 35 (Advertising and Business Services) - Click To Read Article
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 35.

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.

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.

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.

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.

Trademark International Class: Class 28 (Toys and sporting goods) - Click To Read Article
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 28.

Trademark International Class: Class 36 (Insurance and Financial Services) - Click To Read Article
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 36.

Trademark International Class: Class 18 (Leather goods) - Click To Read Article
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 18.

Trademark International Class: Class 16 (Paper goods and printed matter) - Click To Read Article
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 16.

Trademark a Name and Logo: Together or Separate? - Click To Read Article
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. Registering a trademark grants the owner exclusive rights to the mark within the specified industry. Now when it comes to filing, a big question is should the name and logo be filed together or separately?

"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.

Copyright a Logo - Click To Read Article
When deciding to protect your logo or design it can be a bit confusing trying to decide how to protect it. After all, your logo is basically the face of your product line or your services so it makes sense that you'd want to do the right thing when it comes to ensuring that you have exclusive rights to it. The question is should you copyright your logo or trademark your logo? The answer, surprisingly, may be both.

Fanciful Trademarks - Click To Read Article
The strength of a particular trademark is gauged according to the Distinctiveness & Descriptiveness Continuum. On the very left of that continuum are fanciful marks, which arguably are the strongest sort of marks to file. Filing these types of marks increase the likelihood of trademark registration (provided, of course, that the mark is legally available).

Arbitrary Trademarks - Click To Read Article
The strength of a particular trademark is gauged according to the Distinctiveness & Descriptiveness Continuum. Arbitrary marks are not as strong as fanciful marks but they are still strong in terms of trademarks. Choosing an arbitrary mark certainly makes the trademark filing process easier, provided, of course, that the mark is legally available.

Trademark International Class: Classes 29, 30 & 31 (Meats & processed foods; Staple Foods; Natural agricultural products) - Click To Read Article
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at a group of these trademark classes – classes 29, 30 & 31.

Trademark International Class: Classes 32 & 33 (Light beverages; Wines and spirits) - Click To Read Article
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at a group of these trademark classes – classes 32 & 33.

Trademark International Class: Class 9 (Electrical and Scientific Apparatus) - Click To Read Article
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 9.

Trademark International Class: Class 14 (Jewelry) - Click To Read Article
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 14.

Descriptive Trademarks - Click To Read Article
The title here is a bit misleading as descriptive words are not typically allowed to be registered on the USPTO’s trademark Principal Register. Let’s back up a little... One of the main points (some would argue THE main point) of having a Federal trademark is to have exclusive rights to a name, a logo or a slogan within your industry. Given that, words that “merely describe” the goods or services are not going to be allowed.

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?

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.

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.

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.

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.

What Is Common-Law? - 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 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.

® 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.

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...

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.

Trademarks - What is a Conflict? What is a Strong Similarity? - Click To Read Article
Comprehensive trademark research consists of several layers: * Researching comprehensive databases, such as Lexis-Nexis or Dialog * Looking for similarities, such as synonyms, word placement & spelling variations * Consultation with a trademark attorney if Conflicts or Strong Similarities arise

Trademark Monitoring - Click To Read Article
After you've had your trademark application filed, it's absolutely necessary that you monitor your trademark in some way. The USPTO does conduct a search of their own files so if someone does file for a Federal trademark after your registration it typically is rejected. However, relying on the USPTO to protect your trademark is a mistake for several reasons.

Trademark International Classes: Class 3 (Cosmetics and cleaning preparations) - Click To Read Article
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 3.

Trademark International Class: Class 5 (Pharmaceuticals) - Click To Read Article
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 5.

Trademark International Class: Class 20 (Furniture and articles not otherwise classified) - Click To Read Article
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes – class 20.

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!

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!

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?

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.

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.

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.

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?

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?

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 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.

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.

Filing a Trademark: Plain Text Vs Stylized/Logo - Click To Read Article
When filing a trademark, the USPTO gives you two options: Standard Characters or Specialized Form (Stylized and/or Design). Let's look at each one in detail and that should help you decide the best way to file for your mark.

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.

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.

Explanation of the Trademark International Classification System - Click To Read Article
Filing a name, logo or slogan is not all about the mark itself but also what you're doing with it, i.e. your goods and/or services. All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45.

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.

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.

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.

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.





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