trademark

Beware of Trademark "Publication Services"

Beware of Trademark "Publication Services"

Trademark application information is public, and this information is often used by illegitimate services to take advantage of unsophisticated parties. The USPTO will only communicate via email (if the application was filed electronically), or through official snail mail. The USPTO does not use third parties for correspondence. Any correspondence which is not from the USPTO is likely misleading and can be ignored. The USPTO provides guidance on “potentially misleading” correspondence with examples misleading letters. According to the USPTO, if you believe trademark correspondence is misleading, you should file a complaint with the FTC. As always, if you are unsure about a letter or offer please contact an attorney.

Intent to Use versus Use Based Trademark Applications

Intent to Use versus Use Based Trademark Applications

Trademark rights are conferred upon a source identifying word, sound, smell, etc. which is being lawfully used in commerce, but can you reserve a mark before you use it?

Articles often say that companies, such as Apple, have registered several marks for a new product before they bring it to market. How are they able to reserve a product name without making a valid use in commerce? They reserve a mark by filing an intent to use application under section 1 (b) of the Lanham Act.