What are the benefits of a trademark attorney? Securing a trademark is a critical step in building and protecting your brand. While it may seem straightforward, the process can be surprisingly complex. That’s where a trademark attorney comes in. These legal professionals specialize in trademark law and offer significant advantages that can save you time, money, and potential headaches. Here’s why hiring a trademark attorney is a smart decision for your business.

Benefits of a Trademark Attorney

The United States Patent and Trademark Office (“USPTO”) encourages clients to hire a trademark attorney. Trademark attorneys focus on trademark law and…
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When it comes to trademarks, not all marks are created equal. While some trademarks are inherently distinctive and easily protectable, others face challenges during the registration process. One of the most common hurdles involves marks that are deemed “merely descriptive.” In this article, we’ll explore what merely descriptive marks are, why they face scrutiny, and strategies for overcoming these challenges.

What Are Merely Descriptive Marks?

A mark is considered “merely descriptive” if it directly conveys information about the qualities, characteristics, function, or purpose of the goods or services it represents. For example, a brand name like “Cold and Creamy” for ice cream…
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A suggestive trademark is a mark that hints or implies something about the goods/services sold under the mark without explicitly stating them. Put differently, these marks allow consumers to use their imagination to make a leap from the mark to the underlying goods/services.

Examples of Suggestive Trademarks

Some notable examples of suggestive trademarks are:

• AIRBUS is suggestive of airplane manufacturing
• COPPERTONE is suggestive of tanned skin color.
• FACEBOOK suggests an online directory where one can see listings of profiles.
• GREYHOUND is suggestive of transportation services involving buses.
• JAGUAR suggests speed or quickness.
• MICROSOFT suggests software.
• NETFLIX is suggestive of movie

…
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A Notice of Allowance is a document from the USPTO informing you that you can file a Statement of Use and/or Extension of Time within 6 months from the date of issuance. The USPTO will send the Notice of Allowance to you or your attorney via email. As illustrated below, the Notice of Allowance is near the trademark pendency process finish line.

Some applicants see this document and give up due to a change in business plans or perhaps a misunderstanding. Trademark rights in the United States require proof of use, and a Notice of Allowance is a reminder to…
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A Notice of Allowance is a document from the USPTO informing you that you can file a Statement of Use and/or Extension of Time within 6 months from the date of issuance. The USPTO will send the Notice of Allowance to you or your attorney via email. As illustrated below, the Notice of Allowance is near the trademark pendency process finish line.

A trademark Notice of Allowance is your opportunity to file a Statement of Use and/or Extension of Time within 6 months from the date of its issuance.

Some applicants see this document and give up due to a…
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In 2025, the cost to trademark a name is changing to $350 per Class in government filing fees. Syed Law charges between $1,349 to $2,949 per trademark application, including government filing fees for one Class. The same applies to:

• Logos
• Slogans

Generally, the cost to file trademark a name in 2025 is $350 per International Class, but may be more depending upon the use of free form text, missing information, or more than 1,000 characters.

How Much Does It Cost to Trademark a Name?

As of January 18, 2025, the $250 or $350 filing fees for TEAS Plus or …
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In 2024, the trademark process timeline to registration can take between twelve to eighteen months at the United States Patent and Trademark Office (“USPTO”). The average time can be found at the USPTO processing time site–as of writing it is 14.7 months. That is why it is crucial to have an experienced trademark attorney file a trademark for you.

Even with the long wait times, the good news is that after registration, trademark protection is retroactive to the filing date. As a result, if you start early, your protection will reach back in time to the date you…
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The New TESS Search website looks a bit different!

On November 30, 2023, the United States Patent and Trademark Office (“USPTO”) officially retires their clunky, 90s-era Trademark Electronic Search System (the “Old TESS”). They just rolled out a new TESS cloud-based system at noon.

Same search results, just done differently.

I call it “New TESS” and show you how to use “Advanced Searches” in plain English.

Sadly, the new system uses new search fields that are different than the Old TESS system. Gone are the old brackets we used; and boy is it a bit cumbersome to understand.

Let’s…
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Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. In a David versus Goliath battle, the Supreme Court issued a landmark ruling against Andy Warhol’s Foundation last week.

SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph
SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. Goldsmith’s photo can be found here, as well…
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Starting on December 3, 2022, the new deadline for trademark Office Actions is three months. Recently, the United States Patent and Trademark Office (“USPTO”) amended its Rules of Practice under the Trademark Modernization Act (“TMA”) of 2020. The new rules shorten the old, six-month deadline to three months.

As…
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Arbitrary trademarks are common dictionary words that are unrelated to the goods or services sold under the trademark.

Think of “APPLE” for computers or “SHELL” for gasoline.

Both terms have common dictionary meanings, but that meaning is unrelated to the goods or services provided. An arbitrary trademark is one of five other United States Patent and Trademark Office (“USPTO”) trademark types.

Other types include:

• Fanciful (or “Coined”)
• Suggestive
• Merely Descriptive
• Generic

Examples of Arbitrary Trademarks

Below, I listed several trademarks that are arbitrary:

APPLE® is an example of an arbitrary trademark because it is a common word unrelated to…
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