Re: ttab

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

  1. Can you use ® circle r with words-only part of a design mark?
    Probably not. The registered mark is usually described and displayed quite specifically. A portion (just the words) is not the mark.
  2. Can you import products to the US marked ® circle (r)?
    If you intend to misrepresent the status of your product or deceive consumer, you may be liable.
  3. What is proper notice for a registered trademark?
    Three choices: 1) ® 2) Registered in the U.S. Patent and Trademark Office or 3) Reg. U.S. Pat. & Tm. Off.
  4. 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.
  5. Can The Big Bang Theory trademark be diluted?
    If I use the trademark The Big Bang Theory for my sport-related website, will I be diluting this trademark? Maybe.
  6. Do you use ® circle (r) with every instance of a trademark?
    The most conservative advice is to use ® circle (r) every time. Use of the ® symbol allows you to claim money damages and attorney fees.
  7. Must a competing band change their name if I was first?
    Maybe, you must act within 5 years of federal registration. You will need evidence of your common law trademark.
  8. Can I use ® circle (R) with a state trademark?
    No. You can use the tm symbol, like this ™. Using the ® for state trademark may be considered fraud or false advertising.
  9. What is tm in small letters? Is it trademark also?
    Yes, it is not uncommon to use tm or (tm) instead of the correct typographic symbol ™. That is a claim for trademark rights.
  10. 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 ®.
  11. Why do some large companies use tm instead of ®?
    Large companies may be advertising to purchasers in several nations, who have conflicting laws regarding the use of ®. So, they use ™ instead.
  12. What font for ® registered trademark symbol?
    The purpose of the ® (registered trademark symbol) is to provide notice. If the symbol cannot be read, then it is not providing notice.
  13. Someone received a trademark for my name, what now?
    Time may be of the essence. To act on your common law trademark rights in your business name or product name, you may need to act quickly.
  14. What is Pro Bono?
    Pro Bono is a legal term. It means a lawyer provides legal services to the public at no cost or at a greatly reduced cost; generally to help the poor.
  15. How can all goods be cancelled, but the trademark be alive?
    Likely, there is a database error in TESS. TESS is the computer system for searching US Trademarks.
  16. Must I indicate a company's tm or registered mark when blogging?
    If you are a publisher (blogger), then you risk lawsuits for your publications. Be prudent. Carry insurance. Learn the law and etiquette of journalism.
  17. Can anyone help market my idea?
    Sure. Absolutely. The people who can help you the most are the people with whom you already have relationships and trust.
  18. Can a Canadian band receive a trademark if there is a US band?
    Trademarks are territorial. In the US, the US trademark law is likely only going to consider uses of the trademark that occur in the United States.
  19. Can the common description of a product receive a trademark?
    The short answer is this: The trademark is registered. You need to understand the possibility of canceling this trademark.
  20. What is the percentage % for my patent attorney?
    There is not a set percentage fee for an attorney to provide a service. Usually, attorney fees must be put in writing.
  21. Could I be infringing a BOOSTERS trademark?
    Yes. You should take action. Time may be of the essence. Here are some potential steps.
  22. Can I trademark a band name before success?
    Yes. You can apply for trademark rights before use by filing for a US Federal Trademark based on intent to use.
  23. 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.
  24. Where does the TM symbol have to go?
    The most conservative advice related to trademark marking usually consists of having an appropriate mark each and every time that the trademark is used.
  25. What symbol can I use BEFORE the trademark is issued?
    By convention, you can use the ™ symbol, or a superscripted TM. The (r) and ® (pronounced 'circle r') can only be used after registration is complete.
  26. Can I use my last name in my music career if it's trademarked?
    Here are two cases that show how trademark decisions are sometimes made when they involve the last name of famous celebrities.
  27. Can I add the ™ symbol to my website ?
    Definitely Maybe. Trademarks do not protect websites directly. Trademarks protect consumers.
  28. Can the trademark symbol be placed anywhere near the logo?
    By convention, the trademark symbol is typically placed to the upper right of words and to the lower right of symbols.
  29. Can the trademark symbol match the color of your logo?
    Any choice of color should not interfere with the purpose of placing competitors on notice of your trademark.
  30. Do we change our band name or fight trademark holder?
    Success brings copycats and people who desire to trade on your name. Options here include...
  31. Swiss Made Chocolate - What is the trademark?
    The best way to figure out what is claimed as a trademark is to review the public legal documents. Here is how you might find them.
  32. What do I do if another band is using a name I trademarked?
    There are a variety of ways that you can enforce a trademark. The appropriate action will depend on a variety of factors. Here are some.
  33. With no money, how do you protect an invention?
    The first step will be to file patents. Patent attorneys, like all attorneys, provide 'pro bono' service for the benefit of the public.
  34. What is Prima Facie?
    Prima Facie is a legal term: who presents evidence when. After a prima facie showing of evidence, the burden shifts to the other party to show their evidence.
  35. How do I offer my idea to a company for their existing product?
    A patent is the best form of protection, because, it works against anyone, including the company. Also, there is an emerging body of idea submission law.
  36. Do you have a Software Invention?
    Software patents protect the innovative concepts and ideas behind the source code. If your source code does something new, it may be a software invention.
  37. Software Law: Busting 4 Myths
    Software developers believe software law provides ownership of source code; good copyright protection is automatic; software patents are evil, and ...
  38. Patent & Trademark Job Interview Question: Mock Client Meeting
    When I interview, I sometimes ask these hypothetical questions.
  39. Patent & Trademark Job Interview Question: Mock Client Meeting
    When I interview, I sometimes ask these hypothetical questions.
  40. Patent Value: Secrecy, Royalty, and Exclusivity
    A patent moves through three stages: pending, published and granted. The patent value and nature of the patent rights change at each stage.
  41. Should you trademark your band name?
    Have an trademark attorney do a 'trademark clearance'; and file for a trademark at the US Trademark Office.
  42. 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.
  43. How do I sell t-shirts with other people's art?
    The most straightforward way to use someone else's work is to get their permission.
  44. Prior to Filing: the Secrecy Problem
    To encourage inventors to quickly file patents, many foreign governments require that the inventor file a patent application prior to ...