Re: trademark registration

Patent & Trademark, Questions & Answers by Andrew P. Lahser, Attorney

  1. What is the penalty for ® symbol before trademark registration?
    There could be a variety: denial of registration, fraud, false advertising, or other penalties for deception.
  2. How is a trademark for trash removal confused with equipment rental?
    When the marks are identical, the services may be considered related if other, third-party companies commonly offer both services.
  3. After confusingly-similar refusal, can I still use my trademark?
    Probably not. Assuming the refusal is final and proper, you may have actual notice of trademark infringement. This may be willful infringment.
  4. Trademark Office Action: How to respond
    A Trademark Office Action is a legal proceeding where the Trademark Examiner rejects your trademark application. Learn how to overcome the rejection.
  5. Trademark Symbol: How to (legally) use ® and ™
    Can I legally use the tm symbol ™ before I apply for a trademark registration? Yes, but NOT the registered trademark symbol ®.
  6. Must you display the (r) ® registered trademark symbol?
    If you go through the trouble of obtaining a federal registered trademark, it seems sort of silly not to use it.
  7. Must you hire a trademark attorney to submit a trademark application?
    No. You are not required to hire an attorney. Read this quote from the US Trademark Office.
  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.