trademark registration

Articles, Questions & Answers by Andrew P. Lahser, Attorney
  1. After refusal for confusingly similiar, can I continue to use a trademark?
    Probably not. Assuming that the refusal is final and proper, you likely have actual notice of trademark infringement. This could lead to willful infringement.
  2. Trademark Office Action: How to respond
    The Examiner's rejection begins a miniature proceeding (just like a case in a court of law). How and what to say is vital to overcoming the examiner's trademark rejection and getting your mark registered.
  3. How to use ® and ™ Symbols
    Can I legally use the ™ symbol before I apply for a trademark registration? Yes. But not the ® (circle r) symbol. Learn to use ™ (tm) properly.
  4. Can a Canadian company recieve a US trademark?
    Yes. Foreign companies may apply for and receive US trademarks. There are three filing options.
  5. Must you display the registered trademark symbol ® to afford protection?
    If you go through the trouble of obtaining a federal registered trademark, it seems sort of silly not to use it.
  6. Are you required to hire a trademark attorney to submit a TM registration application?
    No. You are not required to hire an attorney. Here is a quote from the US Trademark Office website...
  7. How do I respond to a 'likelihood of confusion' with a registered trademark I already own?
    You can claim ownership of a prior registration by amending your trademark application.
  8. Can I trademark a version of the US Flag?
    It depends, there are many registered trademarks that incorporate the US flag. To see examples of these registered marks, you can search.
  9. Should you trademark your band name?
    Have an trademark attorney do a 'trademark clearance'; and file for a trademark at the US Trademark Office.
  10. How to Defend a Trademark Opposition brought by a Major Corporation
    It should be possible for a small business to defend an opposition proceeding, even against a large or major corporation, with a relatively limited budget.