Trademark Law

A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or seller’s products and distinguish them from the products of another.”
Source: Harvard BKC

“A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.”
Source: Cornell Law School

Trademark Spectrum…

  • Generic Trademarks:
    These are marks which are common product/service names.
    For example: “KNIFE” for a chef’s knife brand or “LAWYER” for legal services.
    Generic marks are not protectable or registrable in the USPTO. 
  • Descriptive Trademarks:
    These are marks which merely describe a product/service or a characteristic of the product/service.
    For example: “LONG LASTING BATTERY” for a battery or “SPEEDY” for a delivery service.
    Descriptive marks are protectable and registrable only with a showing of “acquired distinctiveness”.
  • Suggestive Trademarks:
    These marks suggest attributes of a product/service without describing it – imagination is required to determine the nature of the product/service.
    For example: “NO TEARS” for a garlic peeler or “PPC BULLY” for pay-per-click optimization software.
    Suggestive marks are generally protectable and registrable though weak.
  • Arbitrary Trademarks:
    These marks are real words but one that is used in a way that is not connected to its common meaning.
    For example: “TESLA” for automobiles or “APPLE” for mobile phones and computers.
    Arbitrary marks are almost always protectable and registrable; considered a strong mark.
  • Fanciful Trademarks:
    These marks are a made up word or phrase.
    For example: “CISCO” for computer networking equipment or “ESQGO” for legal services.
    Fanciful marks are most protectable and registrable; considered very strong marks.

 

Trademark Legal Services We Offer…

 

  • Searching and Clearing Marks
  • Filing USPTO Trademark Applications
  • Responding To Substantive Office Actions
  • Responding To Non-Substantive Office Actions
  • Maintaining Current Trademark Registrations
  • Trademark Assignments
  • Trademark Licensing