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Ahad Syed

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When starting a new business or launching a new product, selecting the right name is crucial. However, before you invest time and resources into branding, you should consider conducting a trademark search. But is it necessary? Let’s explore why a search is important and how it can save you from legal and financial troubles.

Trademark Search

What is a Trademark Search?

A trademark search is an investigation to determine whether a name, logo, or slogan is already in use and registered as a trademark. It helps identify potential conflicts with existing trademarks that could result in legal disputes.

Why is a Trademark…
Continue Reading Do You Need to Do a Trademark Search?

In today’s fast-paced construction industry, standing out from the competition is more important than ever. With numerous companies offering similar services in crowded markets, the key to success often lies in building a strong, recognizable brand. One of the best ways to protect and enhance your brand as a construction company is by securing a trademark.
A trademark is more than just a logo or a company name; it’s an invaluable asset that safeguards your business identity, establishes credibility, and helps you differentiate yourself in a competitive market. In this article, we’ll explore the top reasons why securing a trademark…
Continue Reading 8 Reasons Why Your Construction Company Should Get a Trademark

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

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…
Continue Reading Benefits of a Trademark Attorney

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…
Continue Reading Merely Descriptive Trademark — Comprehensive Guide

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

…
Continue Reading Suggestive Trademarks – an Explainer

Today, the Supreme Court unanimously provided an opinion on a First Amendment and trademark matter finding that The Lanham Act’s “names clause” that “[c]onsists of or comprises a name . . . identifying a particular living individual except by his written consent,” 15 U. S. C. §1052(c) does not run afoul of the First Amendment’s Free Speech Clause, and reversed the Federal Circuit. Vidal v. Elster 602 U. S. ____ (2024).

Procedural Background
Elster filed a trademark application for “TRUMP TOO SMALL.” The Examining Attorney at the United States Patent and Trademark Office refused registration on the…
Continue Reading Supreme Court Holds No First Amendment Issue With Name Consent – Vidal v. Elster (2024)

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.
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…
Continue Reading What is a Notice of Allowance (Trademark)?

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…
Continue Reading How Long Does It Take to Get a Trademark in 2024

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.

New TESS

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…
Continue Reading Easy Guide — How to Use New TESS to do “Advanced Searches” in “Expert” Mode

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…
Continue Reading No Fair Use for Warhol Prince Photo

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.

Table of Contents
deadline for trademark office actions
Starting on December 3, 2022, the new deadline for trademark Office Actions is three months.

As…
Continue Reading New Deadline for Trademark Office Actions

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:

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

…
Continue Reading Arbitrary Trademark: What You Should Know (Video)

A fanciful trademark is the strongest trademark type and, in addition to providing examples below, we define it as one that is “coined” for the purpose of serving as a trademark. Of the four types of trademarks, fanciful trademarks receive the most protection from trademark infringement since:

  • they did not previously exist in connection with the sale of a good or service; and,
  • carry no prior meaning.
    • Fanciful trademark
    EXXON is an example of a fanciful trademark because it was created solely to function as a trademark and has no meaning.

    Generally, there are four times of trademarks:

    • Fanciful or Arbitrary
    • Suggestive

    …
    Continue Reading Fanciful Trademark: A Comprehensive Explanation

    There are 45 total Trademark Classes, also known as “International Classes” or simply “Classes.” The United States Patent and Trademark Office (“USPTO”) categorizes trademarks by “Classes.” The classification system is critical because trademarks identify a source of goods and/or services that distinguish the trademark from others.

    A video of me explaining the trademark classes.

    Each trademark must fall into one or more International Class of goods and/or services. In fact, applicants may use the International Class system to see what other marks exist in similar Classes. By checking the Trademark Classes, a trademark owner can reduce the odds of a…
    Continue Reading Trademark Classes – Complete 45 International Classes List (Video Update)

    A minor can register a trademark only if the minor’s “domicile” state allows the minor, in the minor’s individual capacity, to (1) enter into legal agreements, or to (2) sue another or to face a suit. TMEP § 803.01. Here, the “domicile” state is the state that one intends to make their “principal home.” See 37 C.F.R § 2.2(o); see also TMEP § 803.05(a).
    For example, if the minor may contract, then the minor can file trademark applications with the United States Patent and Trademark Office (“USPTO”) as the “Applicant.”

    can a minor register a trademark
    A minor can register a trademark only

    …
    Continue Reading Can a Minor Register a Trademark?

    Yes, you can trademark a hashtag (#) symbol for name, brand, logo, or slogan “only if it functions as an identifier of the source of the applicant’s goods or services.” TMEP § 1202.18. The United States Patent and Trademark Office (“USPTO”) explains that a hashtag is registrable only if it functions as a source identifier. It also says that a hashtag trademark cannot exist not merely as a way to foster discussion or searches on social media.

    In plain English, that simply means that a hashtag must indicate the source of goods and/or services sold under it.
    Continue Reading Can You Trademark a Hashtag?