USPTO – US Patent & Trademark Office
Trademark – This symbol can be used on trademarks covering products (classes 01-34 as soon as you have a serial number.
Servicemark – This symbol can be used on trademarks covering services (classes 35-45) as soon as you have a serial number. A servicemark is also considered to be a trademark.
Class Codes – Most countries have adopted the “Nice International” class code system, in which all products and services are divided, for trademark registration purposes. There are 34 classes to cover products (classes 01-34). There are 11 classes to cover services (classes 35-45).
Click here to see a list of the Nice International Class Codes.
Trade Name – A trade name is NOT the same thing as a trademark. A trade name is actually the term given to a legal business entity “doing business as” (dba) another business name. That second business name is the trade name.
Intent To Use (ITU) – A registration application which covers a mark which is NOT yet being used in commerce (to “save” a brand name before you are ready to sell or advertise it). Read more on ITU’s below LINK.
Statement of Use (SOU) – Eventually an ITU must be used in commerce and a “Statement to Allege Use” must be filed and must include a date of first use and a sample showing the mark in use in commerce.
Office Action – An official notification based on the review of the application by the USPTO examining attorney, generally requesting some type of additional or restated information, or even a refusal to register the mark.
Official Gazette – The weekly “paper” (now on line) in which pending trademarks are “Published for Opposition”. Trademark applicants and owners should maintain Trademark Watching services on their most popular (and copy-able) brands. See more information below. LINK.
Opposition Phase – The 30 day period starting on the date the pending trademark is “Published for Opposition” in the Official Gazette, in which other trademark owners (who are using Trademark Watching services) may file to stop the pending trademark (based on their legal belief that the trademarks are so similar that confusion in the market place will occur).
Trademark Registers – The Supplemental Register is the category to which weak trademarks are assigned. The less unique a trademark, the weaker it is. Trademarks made up entirely of common words or that are merely descriptive of the trademark’s function are examples of weaker trademarks. The Principle Register or Supplemental Register is assigned by the USPTO.
Common Law – Common Law usage refers to someone using a similar brand name or design in the course of their own business without actually having federal trademark protection. The rise of the Internet over the last 12 years has made it easier to acquire common law trademark rights, which is a strong argument for registering a federal trademark.
Trademark – This symbol can be used on trademarks covering products (classes 01-34 as soon as you have a serial number.
Servicemark – This symbol can be used on trademarks covering services (classes 35-45) as soon as you have a serial number. A servicemark is also considered to be a trademark.
Class Codes – Most countries have adopted the “Nice International” class code system, in which all products and services are divided, for trademark registration purposes. There are 34 classes to cover products (classes 01-34). There are 11 classes to cover services (classes 35-45).
Click here to see a list of the Nice International Class Codes.
Trade Name – A trade name is NOT the same thing as a trademark. A trade name is actually the term given to a legal business entity “doing business as” (dba) another business name. That second business name is the trade name.
Intent To Use (ITU) – A registration application which covers a mark which is NOT yet being used in commerce (to “save” a brand name before you are ready to sell or advertise it). Read more on ITU’s below LINK.
Statement of Use (SOU) – Eventually an ITU must be used in commerce and a “Statement to Allege Use” must be filed and must include a date of first use and a sample showing the mark in use in commerce.
Office Action – An official notification based on the review of the application by the USPTO examining attorney, generally requesting some type of additional or restated information, or even a refusal to register the mark.
Official Gazette – The weekly “paper” (now on line) in which pending trademarks are “Published for Opposition”. Trademark applicants and owners should maintain Trademark Watching services on their most popular (and copy-able) brands. See more information below. LINK.
Opposition Phase – The 30 day period starting on the date the pending trademark is “Published for Opposition” in the Official Gazette, in which other trademark owners (who are using Trademark Watching services) may file to stop the pending trademark (based on their legal belief that the trademarks are so similar that confusion in the market place will occur).
Trademark Registers – The Supplemental Register is the category to which weak trademarks are assigned. The less unique a trademark, the weaker it is. Trademarks made up entirely of common words or that are merely descriptive of the trademark’s function are examples of weaker trademarks. The Principle Register or Supplemental Register is assigned by the USPTO.
Common Law – Common Law usage refers to someone using a similar brand name or design in the course of their own business without actually having federal trademark protection. The rise of the Internet over the last 12 years has made it easier to acquire common law trademark rights, which is a strong argument for registering a federal trademark.