Tuesday, 27 March 2012

Trademark a Name: Intent to Use Trademark Application

The recent death of Trayvon Martin once again highlights the importance of timely filing an intent to use trademark application for any name or slogan you wish to secure exclusive rights in and enforce against others.  Intent to use trademark applications for I AM TRAYVON and JUSTICE FOR TRAYVON were filed by family for use in connection with DVD related goods.  Feelings or opinions related to the underlying incident aside, there is a trademark lesson here.


Filing a trademark application with the United States Patent and Trademark Office (USPTO) pursuant to Section 1(b) allows the applicant to secure priority rights over a name or slogan the applicant has a bona fide intent to use in connection with particular goods or services, so long as the applicant does indeed make an actual use of the name or slogan in interstate commerce.  Your failure to proactively file for trademark protection can allow someone else to file and establish priority rights.  The United States remains a first to use jurisdiction, but the first to file is essentially given a statutory exception so long as use occurs within a proscribed amount of time of filing the intent to use trademark.     

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Trademark Infringement: Cease & Desist Letter Help

  • Trademark Threats: 6 Reasons To Take Them Seriously
    Trademark attorney Enrico Schaefer explains what you should do when you receive a trademark cease and desist letter. Listen as he reviews 6 reasons why you should take any trademark threat letter seriously, and what you should do when you receive a cease and desist.
  • How to handle a trademark cease and desist letter?
    Trademark Attorney Brian Hall discusses what you should do when you receive a trademark cease and desist letter. What a trademark threat letter? Why trademark owners send trademark threat letters? What you should do when you receive a trademark infringement threat letter.

How to Trademark A Name?

  • How to Register a Trademark - USPTO Stopfakes.gov
    You can establish rights in a mark based on legitimate use of the mark. However, owning a Federal trademark registration on the Principal Register provides several advantages ... here is how.
  • Types of U.S. Trademarks - USPTO Stopfakes.gov
    Specific types of trademarks include: Service marks which identify and distinguish the source of a service rather than a product; Certification marks are used by someone other than its owner, to certify quality or other characteristics of such person's goods or services; Collective marks are trademarks or service marks used by the members of a collective group or organization.
  • Definition of a "Trademark"- USPTO Stopfakes.gov
    A trademark includes any word, name, symbol, or design, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
  • How To Copyright and Trademark a Catchphrase!
    Wondering how to trademark a catchphrase? You should also think about how to copyright a catchphrase. Some intellectual property can be protected by both a trademark and copyright registration.

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