Trademarks + The Law Archives - Page 2 of 8

Seven Reasons You Need a Trademark Attorney in 2023

March 15, 2023 by Michael Kondoudis

Applying to protect your trademark is just not a DIY project. If you file your trademark application yourself, you’ll probably do it wrong.

Don’t be fooled – it’s more than just filling out online forms. That is the easiest part of the process.

The Federal trademarking process involves making dozens of legal decisions and judgment calls – and you’re not likely to make all of the right choices.

The reasons are simple enough.

When you apply for a Federal trademark, you start a Federal legal proceeding – and it can get complex in a hurry. The many decisions you will need to make are interrelated, and some wrong choices can sink your application from the start – without you even knowing it.

Also, Federal Trademark Law is intricate, and the U.S. Patent and Trademark Office’s Rules are specific, unforgiving, and severely limit how you can change your application after submission. So, if you are going to try your luck and guess at the right answers, think again.

In this article about why you need a trademark attorney, we’ll discuss some of the reasons why you do not want to go it alone at the USPTO.

Seven Reasons Why You Need a Trademark Attorney

1. You’ll increase your probability of success by up to 50%
2. The USPTO will not give you legal advice and cannot give you a break
3. The USPTO encourages you to hire a trademark attorney
4. 80% of All Applications Require a Response to the USPTO
5. You’ll avoid overpaying the non-refundable Official filing fees
6. You’ll save time
7. You’re Running a Business, Not Learning Law

1. You’ll increase your probability of success by up to 50%.

No less than the Wall Street Journal reports that Federal trademark applications filed by trademark attorneys are 50% more likely to be approved than those filed by applicants on their own. That article (link) is based on 25 years worth of USPTO data. The data also shows that the applicants using a trademark attorney to reply to Examiner objections are almost 70% more likely to succeed than applicants who try to go it alone.

According to the Wall Street Journal, Federal trademark applications filed by a trademark attorney are 50% more likely to be approved than those filed by applicants on their own. Plus, you’ll be more likely to secure more protection and avoid overpaying the Official fees.

2. The USPTO will not give you legal advice and cannot give you a break.

The U.S. Patent and Trademark Office forbids its Examiners from giving legal advice. So, if you have a legal question, or face a legal rejection, you’ll be on your own, unless you have a trademark attorney.

You will still be required to meet every rule and requirement, even if you don’t know or understand them. The USPTO cannot give you a break. Ask yourself, do you feel confident that you know:

What is and what is not protectable?
What is a legal disclaimer, and when is it proper?
When is it best not to claim the colors in your logo?
What is the supplemental register?
What qualifies as a specimen of use for your products (and what does not)?
What are the legal requirements for a substitute specimen?
How to apply du Pont factors to measure trademark dissimilarity?

A trademark attorney can help you navigate these legal complexities.

3. The USPTO strongly encourages applicants to seek legal advice.

Because the Federal trademarking process is so complex, the USPTO encourages all applicants to consider hiring a trademark attorney:

“A private trademark attorney can help you before, during, and after the trademark application process…. an attorney may save you from future costly legal problems… [and] can help you navigate the application process to provide optimal protection of your trademark rights, by, for example, accurately identifying and classifying your goods and services, and preparing responses to any refusals to register that an examining attorney may issue.”

Remember, the USPTO cannot give you legal advice!

4. 80% of All Applications Require a Response to the USPTO

All applications for Federal trademarks are examined by the USPTO for compliance with many legal and procedural requirements. Applications are only granted after the USPTO determines that all of these requirements are met.

Most applications are initially denied, however. You can be denied for any one of hundreds of reasons. Sometimes, it’s a simple fix – if you know what you’re doing. Other times, you’ll need to submit a legal argument based on legal research and case citations. This is where DIY applicants get into trouble.

Trying to respond to the USPTO on your own fails more often than it succeeds. Plus, it is very easy to make a problem much worse if you don’t know exactly what you are doing. That’s where an experienced trademark attorney matters.

5. You’ll avoid overpaying the non-refundable Official filing fees

No one likes to overpay their taxes. The same is true for trademark filing fees.

Every trademark application requires a filing fee, which is calculated based on the content of the application. The USPTO categorizes every product or service that you can sell into one or more of 45 classes and will compute a filing fee for each class that your application involves. These filing fees are not refundable and can amount to $1000 or more – depending on the products and services listed in your application.

An experienced trademark attorney can make sure that you only pay for approved classes and that you avoid paying for those the Examiner rejects.

6. You’ll save time

Trademark Examiners work under severe time constraints and are required to meet strict quotas. In many cases, the Examiners are willing to try to negotiate applications to allowance so that they can get easier credit towards their quotas. Examiners are most willing to negotiate with trademark attorneys because they can send us offers without the need to take the time to explain all of the Federal Laws, USPTO Rules, and Court decisions involved. We already know them.

The Federal trademarking process routinely takes between 8-12 months. Working with a trademark attorney can help ensure that you are closer to the 8-month timeframe and not the 12.

7. You’re running a business, not learning trademark law

Federal Trademark law is complex. The USPTO has too many rules and procedures to count. It takes years to learn how the trademarking process works. You can’t dependably rely on hope and luck. There are a lot of attorneys who can’t even do it.

It’s better to focus your skills where they’re most needed: running your business.

Final words

For these reasons (and many others that are far beyond the scope of this article), the U.S. Patent and Trademark Office’s encourages applicants to work with a trademark attorney. So, do yourself and your business a favor. Hire an experienced trademark attorney. You’ll maximize your chances of success, minimize the risk of overpaying the Government for your trademark, get a better result, and save yourself time and worry.

Take the Next Step and Legally

Own Your Trademark

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Michael Kondoudis

For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Famous Trademarks: A COMPLETE Guide

March 3, 2023 by Michael Kondoudis

All famous trademarks have two things in common: they are iconic and given more legal protections than other marks.

By Michael Kondoudis, Small Business Trademark Attorney

This is our COMPLETE guide to famous trademarks.

A trademark can become famous for several reasons. It may be catchy or memorable, like Nike’s “Just Do It” slogan. It may be associated with a popular product or service or be part of a successful advertising campaign that helps to spread its message more widely. Some trademarks become famous due to many years of use and extensive advertising.

If you want to know about famous trademarks, including what they are and how they become famous, then read on. This guide is for you.

What are Famous Trademarks?

Famous trademarks immediately connect a product or service with the source of that product or service. Examples of famous trademarks are GOOGLE, FORD, PEPSI, TACO BELL, and WALMART. Like all famous trademarks, these trademarks are widely recognized and instantly create an association with their respective brands.

Famous trademarks are iconic.

What is the Advantage of Being a Famous Trademark?

Famous trademarks are treated differently under the law than other marks. Famous trademarks receive enhanced legal protections from infringement and broader exclusive rights. So, a famous trademark enjoys a wider scope of protection and exclusivity of use.

Famous trademarks enjoy more protections because they are more likely to be recognized by the public. Their iconic status gives them a higher chance to be recognized and remembered, which is why the law treats them differently than other marks. These protections make famous trademarks more valuable.

Famous trademarks are entitled to extra legal protection under federal law.

The U.S. Patent and Trademark Office (the “USPTO”) has made many legal determinations that marks are famous, including: (1) MOTOWN for audio recordings; (2) SONY for entertainment services; (3) JACK DANIELS for whiskey; (4) GOOGLE for search engine services; (5) JAWS for video recordings; (6) RED BULL for energy drinks; and (7) BOSE for audio equipment.

Examples of Famous Trademarks

Famous trademarks represent many of our favorite brands, from APPLE to STARBUCKS. The public immediately recognizes them due to their distinctiveness and renown.

Examples of famous trademarks include APPLE, BARBI, FORD, GOOGLE, LEVI’S, TACO BELL, NIKE, PEPSI, and WALMART.

Need help with your trademark?

List of Famous Trademarks Examples

Coca-Cola

Coca-Cola is one of the most famous trademarks in the world. The company was founded in 1886, and its distinctive red and white logo has been used since 1887. The company sells over 1 billion bottles of Coca-Cola a day, and the brand is worth an estimated $74 billion.

Coca-Cola

Nike

Nike is a global leader in athletic apparel and footwear. The company was founded in 1964, and the Nike swoosh logo was introduced in 1971. Nike generates billions of dollars in revenue annually, and its products are worn by some of the world’s most famous athletes.

McDonald’s

McDonald’s is one of the most recognizable brands in the world. The company was founded in 1940, and its golden arches logo was introduced in 1962. McDonald’s is the largest fast-food chain in the world, with over 36,000 restaurants in more than 100 countries.

McDonald’s

Mercedes-Benz

Mercedes-Benz is a German luxury automaker that was founded in 1926. The three-pointed star logo has been used since 1909 and is recognized worldwide as a symbol of quality and luxury. Mercedes-Benz vehicles are renowned for their engineering excellence and are some of the most sought-after cars on the market.

Apple

Apple is one of the most valuable companies in the world, with a market capitalization of over $1 trillion. The company was founded in 1976, and the iconic bitten apple logo was introduced in 1977. Apple makes some of the world’s most popular consumer electronics products, including the iPhone, iPad, and Mac computer lineups.

Apple

Rolex

Rolex is a Swiss luxury watchmaker that was founded in 1905. The company’s name is derived from its founders, Hans Wilsdorf and Alfred Davis, and Rolex watches are widely regarded as some of the finest timepieces in the world. Rolex watches are known for their precision engineering and elegant design, and they are often given as gifts to mark special occasions such as graduations or retirements.

Barbie

Barbie is one of the most popular dolls in the world. The doll was first introduced by Mattel in 1959 and has since become a cultural icon. The Barbie logo is one of the most recognizable logos in the world and features a pink cursive script.

Barbie

Starbucks

Starbucks is a coffeehouse chain that was founded in 1971. The company operates over 23,000 stores in 70 countries and employs over 191,000 people. Starbucks is the largest coffeehouse chain in the world, and its green mermaid logo is one of the most recognizable logos in the world.

Porsche

Porsche is a German automobile manufacturer that was founded in 1931. The company produces sports cars, SUVs, and sedans. Porsche’s logo features a horse inside of a shield with antlers, which is meant to represent speed and power.

Porsche

How Does a Trademark Get Famous?

Federal Courts have held that trademark fame often requires:

a very distinct mark,
federal trademark registration(s)
enormous advertising investments
a significant volume of sales
a product of lasting value.

Time is often a key factor. Thus, new trademarks are generally not “famous.”

These factors imply that a mark has achieved widespread recognition that immediately connects products and services with their source.

Famous Trademark Cases

Washington Redskins

This NFL team recently lost its team name trademark after the USPTO ruled that the name was insensitive to Native Americans. As a result, the team can no longer sue those who create and sell counterfeit Redskins merchandise. The Redskins organization has appealed. Those considering a trademark should extensively research the history of the word or phrase to ensure they won’t need to change it later.

Marvel and DC Comics – SUPERHERO

Believe it or not, the word “superhero” is currently a trademark for both Marvel and DC Comics. They vigorously pursue other comic book publishers in court who dare to use the word on their title pages. Some see this campaign as trademark bullying from two comic book titans, but no one has made a real effort to contest their ownership of the word “superhero” as a trademark.

Tiffany & Co. vs. eBay

In 2008, Tiffany & Co sued eBay for allowing the sale of counterfeit Tiffany products on its website. Tiffany claimed that eBay was not doing enough to prevent the sale of counterfeit goods, damaging its reputation and confusing consumers. The case was eventually settled out of court, with eBay agreeing to pay Tiffany & Co $15 million

Tiffany & Co. vs. Costco

In 2013, Tiffany & Co. sued Costco for selling engagement rings that it claimed were falsely advertised as “Tiffany” rings. A jury found in favor of Tiffany & Co. and ordered Costco to pay $19 million in damages. Costco appealed the decision, but the appeals court upheld the verdict in 2015.

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Enforcement – Flex your trademark rights. Stop copycats.

Famous Trademark Infringement Cases

Famous trademark infringement cases include instances where one company sues another for use of a similar trademark without approval.

Nike vs. Reebok

In 2000, Nike sued Reebok for infringing its “swoosh” trademark. The case was settled out of court, with Reebok agreeing to pay Nike $10 million and stop using the “swoosh” logo on its products.

McDonald’s vs. Burger King

In 2011, McDonald’s sued Burger King for infringing on its “i’m lovin’ it” slogan. McDonald’s claimed that Burger King’s “Whopper Lovin'” campaign was too similar to its own and would confuse consumers. The case was eventually settled out of court, with Burger King agreeing to pay McDonald’s an undisclosed sum.

Coca-Cola vs. Pepsi

In 1999, Coca-Cola sued Pepsi for infringing on its “Share a Coke” campaign. Coca-Cola claimed that Pepsi’s “Be Young, Have Fun, Drink Pepsi” campaign was too similar to its own and would confuse consumers. The case was eventually settled out of court, with Pepsi agreeing to pay Coca-Cola $13 million.

Coca-Cola vs. Pepsi (redux)

In 2003, Coca-Cola sued Pepsi for infringing its “contour bottle” trademark. The case was settled out of court, with Pepsi agreeing to stop using the contour bottle design.

Louis Vuitton vs. Dooney & Bourke

In 2006, Louis Vuitton sued Dooney & Bourke for infringing on its “toile monogram” design. The case was settled out of court, with Dooney & Bourke agreeing to pay Louis Vuitton an undisclosed sum and stop using the monogram design.

Adidas vs. Skechers

In 2015, Adidas sued Skechers for infringing on its three-stripe trademark design. The case was settled out of court, with Skechers agreeing to pay Adidas $40 million and stop using the three-stripe design on its products.

Academy of Motion Picture Arts v. GoDaddy.Com Inc.

In 2010, the Academy Awards sued domain company GoDaddy for trademark infringement over the name “oscar.” The Academy attacked GoDaddy for allowing customers to buy domain names, such as 2011Oscars.com, that were “confusingly” similar to the Academy’s trademarks.

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Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

WTP Trademark Publication: Your Questions Answered

February 28, 2023 by Michael Kondoudis

Be Careful! The U.S. Patent and Trademark Office (USPTO) lists WTP Trademark Registration on its Scam Alert webpage.

By Michael Kondoudis, Small Business Trademark Attorney

Have you recently received an invoice or letter from the World Trademark Publishing (WTP) organization? It may look like a legitimate notification, but it’s part of a scheme targeting small business owners and entrepreneurs. This article discusses what you need to know about WTP Trademark Publication.

If you need to learn about WTP Trademark Publication, read on. This guide is for you.

Let’s get started!

We are not affiliated with World Trademark Publishing.

Please do not call us about invoices from WTP.

YOU ARE READING AN INFORMATIONAL BLOG POST.

What is WTP Trademark Publication?

The WTP Trademark Publication is a private company that offers a private trademark publication service. It sends letters that look like they come from the U.S. Patent and Trademark Office (USPTO). For this reason, WTP Trademark Publication is frequently accused of trying to trick trademark applicants by making its letters like official USPTO correspondence.

Is WTP Trademark Publication Connected With the USPTO?

No. WTP Trademark Publication is not connected with the USPTO. It is a private company that is not affiliated with any government agency.

Is WTP Trademark Publication Legitimate?

Yes and no. WTP Trademark Publication offers a service – the publication of trademarks in its database. However, publication in the WTP Trademark Publication is not required by the U.S. Patent and Trademark Office (USPTO) Plus, it is costly.

Many accuse WTP Trademark Publication of attempting to defraud unsuspecting business owners by charging them for “publication” services that are not legally required. Usually, victims receive an official-looking invoice from WTP with language implying that they must pay for these services to protect their trademarks. In reality, these services are unnecessary, and the fees charged by WTP are significantly higher than any legitimately required fees.

The USPTO website lists WTP Trademark Publication on its SCAM ALERT page. Be very careful when dealing with them.

How Does the WTP Trademark Publication Scheme Work?

WTP Trademark Publication makes it appear they are affiliated with various government entities such as the United States Patent and Trademark Office (USPTO). They will typically use language such as “Official Notification” or “Fee Notice” to lend credibility to their request for payment. However, these notifications do not come from any legitimate government agency; they come from private companies looking to take advantage of unsuspecting business owners who might be unaware of the actual requirements for trademark protection.

Example of a WTP Trademark Publication Letter

This is an example of a WTP Trademark Publication letter.

How Can I Protect Myself From WTP Trademark Publication?

If you have received one of these invoices, do not pay it. Instead, contact your local USPTO office and verify whether or not you need to pay for these services to protect your trademarks. If you do need to pay for publication services, then compare prices between different providers before deciding so that you can find the best deal possible. Additionally, make sure that any company you work with is properly licensed and accredited by your state or local government before signing any contracts or agreements.

Do I Need to Pay WTP Trademark Publication?

No. Publication by the WTP Trademark Publication is never required

Should You Pay WTP Trademark Publication to Publish Your Trademark?

Probably not. The U.S. Patent and Trademark Office (USPTO) has an informative video on WTP Trademark Publication and other third-party solicitations.

Identifying a WTP Trademark Publication Letter

The first step in identifying this type of scheme is to look closely at the letter or email you receive. The wording used in these documents can be very misleading, often using legal jargon that may be unfamiliar to most business owners. Additionally, these documents will usually include an official-looking seal with the words “WTP Publications” at the top, giving them an air of legitimacy even though they are not actually coming from an official government source. Finally, the document will usually require payment upfront before any services can be rendered; this should be a red flag since legitimate offers do not typically require payment until after services have been rendered.

Closing Thoughts

Don’t be fooled by scammers posing as government officials; research all requests for payment carefully before making any decisions regarding your trademarks and other intellectual property rights.

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Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Trump and the RIGGED ELECTION Trademark: THE COMPLETE GUIDE

February 27, 2023 by Michael Kondoudis

By Michael Kondoudis, Small Business Trademark Attorney

This is our COMPLETE guide to the RIGGED ELECTION trademark and President Trumps efforts to trademark RIGGED ELECTION. If you need to know about President Trump’s efforts to trademark the phrase RIGGED ELECTION, then this guide is for you.

Trump Wanted to Trademark RIGGED ELECTION!

Recently, news broke that President Donald Trump wanted to trademark RIGGED ELECTION in the weeks after the 2020 election. This is not something we see very often—a sitting president trying to trademark a phrase. So, how did this happen, and what does this mean? Let’s take a closer look.

Of all the documents the committee released, one that stands out is a transcript of testimony from President Donald Trump’s son-in-law. In his testimony before the Jan. 6 committee, Jared Kushner testified that President Trump wanted to trademark RIGGED ELECTION!

How Did We Learn About President Trump’s Wanting to Trademark RIGGED ELECTION!

Jared Kushner. Information about President Trump’s attempt to trademark RIGGED ELECTION! came from his son-in-law Jared Kushner in his sworn testimony before the Jan. 6 committee. President Donald Trump’s son-in-law Jared Kushner testified before the House select committee investigating the January 6 attack on the Capitol. During its investigation, the Jan. 6 committee compiled considerable evidence through documents and testimony. The Jan. 6 committee concluded by releasing most of that evidence.

What are the Details?

Jared Kushner testified that he received an email from former White House deputy chief of staff Dan Scavino titled “POTUS requests” that said:

Hey Jared! POTUS wants to trademark/own rights to below, don’t know who to see —or ask…I don’t know who to take to.

Jared Kushner testified that he forwarded the email to Eric Trump and the campaign’s legal representatives.

Did Trump Trademark RIGGED ELECTION!

No, President Trump did not trademark RIGGED ELECTION! A search of the online records of the U.S. Patent and Trademark Office reveals that no application was ever filed to trademark RIGGED ELECTION!

President Trump did not trademark the phrase RIGGED ELECTION.

Is the Phrase RIGGED ELECTION! Trademarked?

No, the phrase RIGGED ELECTION! is not trademarked. A search of the online records of the U.S. Patent and Trademark Office reveals that no one has filed an application for the phrase RIGGED ELECTION!

What is a Trademark?

Trademarks are devices that are used to identify and differentiate one company or its product from the competition. Trademarks protect brands. The most common types of trademarks are words, names, logos, and phrases.

Trademark registration is a legal process administered by the U.S. Patent and Trademark Office that comes with national legal rights.

Does Donald Trump Own Other Trademarks?

Yes. Donald Trump owns many federal trademarks for his name, family crest, and buildings, for example.

U.S. Trademark Registration No. 3,526,411 for TRUMP

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Jim Nantz and the “A Tradition Unlike Any Other” Trademark

February 3, 2023 by Michael Kondoudis

By Michael Kondoudis, Trademark Attorney

This is our ULTIMATE guide to the phrase “A TRADITION UNLIKE ANY OTHER.”

For years, Jim Nantz has been the voice of CBS Sports coverage of The Masters. He is well known for introducing and referring to the golf tournament with his signature phrase, “A Tradition Unlike Any Other.” But does this catchphrase belong to Mr. Nantz as a trademarked phrase? If it is, who owns it?

If you want to know all there is to know about the phrase “A Tradition Unlike Any Other,” then read on. This article is for you.

1. Jim Nantz and The History of “A Tradition Unlike Any Other”

The phrase “A Tradition Unlike Any Other” has been used to promote The Masters golf tournament since the 1980s. It was first used in an advertisement campaign and quickly came to be associated with the tournament. It is widely recognized by golf fans worldwide and is closely associated with The Masters golf tournament.

Who invented the phrase “A Tradition Unlike Any Other”

The phrase “A Tradition Unlike Any Other” was coined by golf commentator Jim Nantz. Golf commentator Jim Nantz coined the phrase “A Tradition Unlike Any Other” during television coverage of The Masters golf tournament.

Who is Jim Nantz?

Jim Nantz is an American sportscaster and broadcaster for CBS Sports. He is known for his work as the play-by-play announcer for The NFL on CBS, NCAA Basketball, including the Final Four, and golf. He is perhaps best known for his work as an announcer for The Masters golf tournament.

When did Jim Nantz first use the phrase “A Tradition Unlike Any Other”

1986. Jim Nantz coined the phrase “A Tradition Unlike Any Other” in 1986.

2. The “A Tradition Unlike Any Other” Trademark

The A TRADITION UNLIKE ANY OTHER trademarks have been used extensively during coverage of the The Masters golf tournament. The television coverage on the CBS network uses the phrase regularly in promotional advertising and during its actual coverage. The phrase “A Tradition Unlike Any Other” is a recognized by golf fans and non-fans alike.

Is the phrase “A Tradition Unlike Any Other” trademarked?

Yes, the phrase “A Tradition Unlike Any Other” is a registered trademark. The phrase is the subject of two U.S. trademark registrations:

U.S. Trademark Registration No. 4,720,029

U.S. Trademark Registration No. 5,218,877

What do the trademarks for “A Tradition Unlike Any Other” cover?

The “A Tradition Unlike Any Other” trademarks cover:

Organizing and conducting golf tournaments
Wood plaques and signs
Various items of clothing

What does it mean that “A Tradition Unlike Any Other” is trademarked?

The trademarks for “A Tradition Unlike Any Other” mean that Augusta National, Inc. owns the exclusive legal right to use the phrase on clothing, awards, and organizing golf tournaments.

Is “A Tradition Unlike Any Other” copyrighted or trademarked?

The phrase “A Tradition Unlike Any Other” is trademarked because it is used as a brand to market products and services, including clothing and golf tournaments.

Copyrights protect creative works, such as music, television programs, and coverage of sporting events like The Masters golf tournament. Copyrights do not protect phrases, such as “A Tradition Unlike Any Other.”

3. When was “A Tradition Unlike Any Other” Trademarked?

2015. The phrase “A Tradition Unlike Any Other” was first trademarked in 2015 and again in 2017. The applications were granted by the U.S. Patent and Trademark Office, and they are now registered.

The phrase “A Tradition Unlike Any Other” is the subject of two U.S. trademark registrations. The U.S. Patent and Trademark Office first registered the phrase on April 14, 2015, based on a trademark application filed on September 14, 2014. It registered the phrase a second time on June 6, 2017, based on an application filed on September 15, 2014.

4. Who Owns “A Tradition Unlike Any Other”?

Who owns the trademarks for “A Tradition Unlike Any Other”?

Augusta National, Inc. owns the trademarks for “A Tradition Unlike Any Other.” Augusta National is the private golf club that owns and operates The Masters tournament. It is located in Augusta, Georgia, and is widely considered one of the most exclusive golf clubs in the world.

The trademarks for “A Tradition Unlike Any Other” are owned by Augusta National, Inc., the owners of the Augusta National golf course, which hosts the Masters golf tournament.

Augusta National Gulf Course Clubhouse

Why does Augusta National own the trademarks for “A Tradition Unlike Any Other”?

Augusta National owns the trademarks for “A Tradition Unlike Any Other” because it owns the television broadcasts of the Masters golf tournaments. Also, trademark rights are based on use with products and services, and Augusta National uses the phrase as a brand for clothing, awards, and golf tournaments.

Jim Nantz does not use the phrase “A Tradition Unlike Any Other” except in connection with his work with CBS’s coverage of The Masters golf tournament. So, Jim Nantz does not use the phrase “A Tradition Unlike Any Other” as a trademark.

Can Jim Nantz use the phrase “A Tradition Unlike Any Other”?

Augusta National has given the greenlight for Jim Nantz to keep using the phrase “A Tradition Unlike Any Other” in connection with the The Masters golf tournament. However, he is not authorized to use the trademark in any other way.

5. Other Masters Trademarks

Does Augusta National own other trademarks?

Yes. Augusta National owns about 100 US trademarks. Its trademark portfolio includes registrations for:

THE MASTERS
ROAD TO THE MASTERS
AUGUSTA NATIONAL GOLF CLUB
EISENHOWER’S TREE
GREEN JACKET
AMEN CORNER

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

The Mickey Mouse Copyright – THE ULTIMATE GUIDE

December 30, 2022 by Michael Kondoudis

The copyright to Mickey Mouse is soon coming to an end, which will have important legal implications for this iconic character.

By Michael Kondoudis, Trademark Attorney

This is our ULTIMATE guide to the Mickey Mouse copyright.

For almost 100 years, Disney has been fiercely protective of its most iconic character—Mickey Mouse. Disney holds the copyright to this beloved character, but it won’t last forever. In 2023, the copyright protection to the likeness of Mickey Mouse will end. After that, Mickey Mouse will enter the public domain, meaning anyone can use the character in their creative works without Disney’s permission or payment.

If you want to know why this is happening and what it means for Mickey Mouse, read on. This guide explains all you need to know about the Mickey Mouse copyright.

In this guide, we discuss:

> The Basics of Copyrights

> The Mickey Mouse Copyright

> The End of the Mickey Mouse Copyright

> Disney’s Trademarks for Mickey Mouse

Let’s jump in!

1. The Basics of Copyrights

What Is a Copyright?

A copyright is a legal right that protects creative works by ensuring that creators have exclusive ownership over their works, such as books, music, films, poems, artwork, and software. This legal right gives the owner exclusive rights over how their material is used and distributed. Every copyright owner has the exclusive right to reproduce and distribute their original works.

A copyright gives the creator (author or owner) exclusive rights to reproduce a creative work and distribute copies or recordings of it. The copyright holder has the right to prevent others from using their work without permission.

A copyright is a form of intellectual property, along with patents (for inventions) and trademarks (for brands).

What Do Copyrights Protect?

Copyrights protect original creative works from unauthorized copying or use. Examples of creative works protected by copyright include books, poems, plays, films, paintings, photographs, illustrations, tv shows, songs, videos, and even software.

How Long Does a Copyright Last?

Copyrights last for a limited time and must be renewed periodically to remain in effect. The length of time a copyright lasts depends on the country where the work was created and published.

In the United States, copyrights generally last for the life of the author plus an additional 70 years.

However, copyrights for works created by anonymous authors or corporations (like Disney) are only protected for 95 years from the date of first publication.

What Happens After a Copyright Expires?

After the copyright expires, the creative work falls into the public domain. Anyone can use a work in the public domain without permission or payment to the copyright holder. This includes making copies of the creative work and distributing transformative versions of it.

2. The Mickey Mouse Copyright

What is the Mickey Mouse Copyright?

A Mickey Mouse copyright is a copyright that protects the likeness of Mickey Mouse, the famous cartoon character. Disney Inc owns the Mickey Mouse copyright. The Mickey Mouse copyright gives Disney the exclusive right to use the Mickey Mouse character in creative works like movies, tv shows, and live performances.

What Does the Mickey Mouse Copyright Protect Against?

The Mickey Mouse copyright protects against unauthorized copying and use of the likeness of Mickey Mouse in creative works such as films, movies, books, tv shows, and live performances.

Steamboat Willie, 1928

The History of Mickey Mouse Copyright Protection

Mickey Mouse first made his debut on November 18th, 1928, in a film short called Steamboat Willie. This lovable mouse was an instant hit, and Walt Disney wanted to protect him from being copied by other studios. So, Walt registered a copyright on December 16th of that same year. This gave Disney exclusive rights to create cartoons featuring Mickey Mouse and merchandise and toys related to the character.

When Does the Mickey Mouse Copyright Expire?

2023: The Mickey Mouse copyright expires in 2023.

3. The End of The Mickey Mouse Copyright

Why Is the Copyright to Mickey Mouse Ending?

The reason is that copyrights have limited lifespans under federal law and copyrights for works created by corporations (like Disney) are only protected for 95 years from the date of first publication. This is why the Mickey Mouse copyright is coming to an end. Disney first published Mickey mouse in 1928, so the copyright for Mickey Mouse will expire in 2023 – 95 years after its first publication.

What Happens After the Mickey Mouse Copyright Expires?

When a copyright expires, anyone can use the copyrighted material without permission or payment. This applies to both commercial and non-commercial works. After the Mickey Mouse copyright expires in 2023, anyone will be able to create derivative works using his likeness without getting Disney’s permission.

When is the Mickey Mouse Copyright Going to Expire?

2023: The Mickey Mouse copyright will expire in 2023.

Can Mickey Mouse Copyright be Renewed?

No, the Mickey Mouse copyright cannot be renewed. It will expire in 2023 – 95 years after Disney published Mickey Mouse for the first time.

Why Does the End of the Mickey Mouse Copyright Matter?

When a work enters the public domain, anyone can use it without permission from its original creator or owner. For example, artists who want to use Mickey Mouse in their creative works must first get permission from Disney (the current copyright holder) until November 2023. After that date, the copyright will expire, Mickey Mouse will enter the public domain, and artists will not need Disney’s permission to use Mickey Mouse.

Can Disney Renew the Copyright for Mickey Mouse?

No, Disney cannot renew the copyright for Mickey Mouse. The copyright will expire by law in 2023. Disney cannot obtain a Mickey Mouse copyright extension.

However, Disney also still owns trademarks for Mickey Mouse, which do not expire in 2023.

When Will Mickey Mouse be in the Public Domain?

The copyright for Mickey Mouse will expire in 2023. After 2023, Mickey Mouse will enter the public domain.

4. Beware of Disney’s Mickey Mouse Trademarks

Disney Still Owns Mickey Mouse Trademarks

Although the imagery for Mickey Mouse will enter the public domain, The Walt Disney Company still owns trademarks for the Mickey Mouse name and thousands of symbols associated with the character. Trademark protections last as long as Disney continues to use Mickey Mouse as a brand. If anyone uses the Mickey Mouse imagery in a way that people will think of Disney, that may constitute trademark infringement.

U.S. Trademark No. 315,056 for MICKEY MOUSE

A Word of Warning

While copyright protection will expire on Mickey Mouse himself, Disney still owns trademarks on several aspects related to him, such as his name, likeness, and design elements associated with him, like his signature ears and gloves. So, companies still have to adhere to certain restrictions when using these elements in their work or products.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Trademark Serial Number vs Registration Number

December 16, 2022 by Michael Kondoudis

Serial Numbers are assigned to trademark applications when they are filed with the USPTO while Registration Numbers are assigned to when trademark applications are granted.

By Michael Kondoudis, Small Business Trademark Attorney

This is our EASY guide to trademark serial numbers and registration numbers. If you need to know what these numbers are, what they mean, and where to find them, then this guide is for you. In this guide, we discuss:

Part I: Trademark Serial Numbers

- what they are
- what they look like
- what the mean
- where to find them

Part II: Trademark Registration Numbers

- what they are
- what they look like
- what the mean
- where to find them

Part III: How Trademark Serial Numbers And Registration Numbers Differ

Part IV: Condensed Summary of Trademark Numbers

I. Trademark Serial Numbers

What Is A Trademark Serial Number?

A trademark serial number is a number that is assigned to a pending trademark application.

The U.S. Patent and Trademark Office (USPTO) provides trademark serial numbers. The USPTO gives a serial number to every trademark application. The USPTO assigns serial numbers to trademark applications when they are filed.

When a trademark application is filed, the USPTO generates an Official Filing Receipt with a serial number.

What Does a Trademark Serial Number Look Like?

Trademark serial numbers are unique eight-digit numbers assigned by the USPTO to all trademark applications. A trademark serial number looks like this:

90/456,123

Where Can I Find My Trademark Serial Number?

Every item of official correspondence issued by the U.S. Patent and Trademark Office (USPTO) includes a trademark serial number. The easiest places to find a trademark serial number is to review the Official Filing Receipt or a Notice of Publication.

Trademark Filing Receipt for U.S. Trademark Application No. 86/915,697

Notice of Publication for U.S. Trademark Application No. 86/915,697

How Long Does It Take To Get A Trademark Serial Number?

0 seconds. The USPTO assigns a trademark serial number to every trademark application that it accepts for examination. Trademark serial numbers are assigned immediately after a trademark application is filed.

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New Applications – Legally own your trademark.

Office Actions – We can navigate the trademarking process at the USPTO.

Enforcement – Flex your trademark rights. Stop copycats.

Why Is A Trademark Serial Number Important?

Trademark serial numbers are used to identify trademark applications. At any one time, the U.S. Patent and Trademark Office (USPTO) may be responsible for considering hundreds of thousands of trademark applications. Assigning a unique number to each pending trademark application avoids confusion.

Trademark serial numbers have important uses.

Applicants can use serial numbers to check and monitor their trademark applications’ progress and identify submissions that relate to their applications.

The USPTO relies on trademark serial numbers to facilitate the processing of applications and match official correspondence with pending applications.

Every letter sent by the USPTO about a trademark application includes the relevant trademark serial number.

II. Trademark Registration Numbers

What Is A Trademark Registration Number?

A trademark registration number is a number that is assigned to a registered trademark.

The U.S. Patent and Trademark Office (USPTO) provides trademark registration numbers. The USPTO gives a registration number to every granted trademark application. The USPTO assigns registration numbers when trademark applications are granted.

When a trademark application is granted, the USPTO generates a Registration Certificate that includes a registration number.

What Does A Trademark Registration Number Look Like?

Trademark registration numbers are unique seven-digit numbers assigned by the USPTO to all granted trademark applications. A trademark regsitration number looks like this:

5,132,639

How Long Does It Take To Get A Registration Number?

Typically, between 12-17 months. The USPTO assigns registration numbers to applications when they complete the examination process, which usually takes between 12-17 months.

Where Can I Find My Trademark Registration Number?

Every Registration Certificate issued by the U.S. Patent and Trademark Office (USPTO) includes a trademark serial number.

Registration Certificate for US Trademark No. 5,365,541

Why is a trademark registration number important?

Trademark serial numbers signify that a trademark is registered with the U.S. Patent and Trademark Office (USPTO). Once the USPTO has assigned a registration number, a trademark owner is legally permitted to use the ® trademark symbol. Only a federally registered trademark owner can use the ® trademark symbol. It is against the law to use the ® symbol before you receive a trademark registration number.

Trademark serial numbers have important uses.

Applicants can use registration numbers to check and monitor the health and status of their trademark registrations and identify submissions to the USPTO related to their registrations.

III. Serial vs. Registration Numbers

Trademark Serial Number vs Registration Number

Trademark serial numbers and registration numbers differ in the following ways:

• Timing – Trademark serial numbers are assigned when applications are filed, while trademark registration numbers are assigned when applications are granted.

• Format + Length – Trademark serial numbers are eight digits, while trademark registration numbers are seven digits.

• Significance – Trademark serial numbers identify a trademark application, while a trademark registration number indicates a registered trademark.

Trademark serial numbers and registration numbers are similar in the following ways:

• Source – Both are assigned by the U.S. Patent and Trademark Office (USPTO)

• Purpose – Both relate to trademarks at the USPTO

• Utility – Both are used to check the status of a trademark at the USPTO

Is A Trademark Serial Number The Same As A Registration Number?

No, trademark serial numbers and trademark registration numbers are not the same. Trademark serial numbers and trademark registration numbers are different. Trademark serial numbers differ from trademark registration numbers in format, length, and meaning.

A Serial Number is given by the USPTO automatically after the filing of a trademark application, whereas a Registration Number is given by the USPTO registers your trademark.

IV. Condensed Summary

When a company or individual registers a name, logo, or phrase with the U.S. Patent and Trademark Office (USPTO), they receive two important numbers – a trademark serial number and a trademark registration number. These trademark numbers ar every different. It’s important to know the difference between these two kinds of numbers in order to make sure you’re protecting your trademark correctly.

A trademark serial number is an eight-digit code that is assigned to each application for a trademark that is filed with the USPTO. This identifies the specific mark within the database of registered trademarks. The number looks like this: 87/110,654.

A trademark registration number is a unique 7-digit numeric identifier that indicates your mark has been officially registered by the USPTO. It looks like this: 6,425,567.

The two numbers serve different purposes – while a trademark serial number helps identify and track a trademark application, the trademark registration number is proof that your mark has been officially registered.

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Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

What is a Trademark Statement of Use? – AN EASY GUIDE

December 14, 2022 by Michael Kondoudis

A Statement of Use is a document filed with the USPTO to indicate that you are using your trademark in commerce. It is only required in some applications.

By Michael Kondoudis, Small Business Trademark Attorney

This is our ULTIMATE guide to trademark Statements of Use. If you have questions about Statements of Use for trademarks, then this guide is for you.

In this guide we discuss:

→ The Basics of USPTO Statements of Use

→ How, When, and Where to File a Statement of Use

→ The Requirements for Trademark Statements of Use

→ An Example of a Trademark Statement of Use

→ Frequently Asked Questions About Statements of Use

Let’s get started!

What Are Trademark Statements of Use?

What is a Statement of Use trademark?

A Statement of Use (SOU) is a filing that demonstrates that a trademark is being used in commerce. Statements of Use are filed with the U.S. Patent and Trademark Office (USPTO) and are the way that you tell the U.S. Patent and Trademark Office that you are using your trademark.

The USPTO requires proof that a mark is in use before it will grant a trademark application. A Statement of Use is the way you show the USPTO that you are using your mark.

A Statement of Use is the last step of the trademark application process.

A Statement of Use has several specific requirements. Read about what you need to include in a Statement of Use here.

A trademark Statement of Use (SOU) is an important part of the trademark registration process with the USPTO. It is a sworn declaration that attests to using the trademark commercially in interstate commerce – meaning it has been used in connection with goods or services across state boundaries. A SOU serves as proof to the USPTO that the trademark is now being used on the goods/services specified in its trademark application, and must be filled out properly before they can issue trademark registration certification.

Do I need to file a trademark Statement of Use?

It depends. If the U.S. Patent and Trademark Office has sent you a Notice of Allowance, you will need to file a Statement of Use.

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Does every trademark application need a Statement of Use?

No, not every trademark application needs a Statement of Use. If you submit proof of use of your trademark with your new trademark application, for example, you will not need to file a trademark Statement of Use.

If you filed your trademark without proof of use, you must file a Statement of Use to show you are using it. This is required before your trademark can be registered.

What happens if I don’t file a trademark Statement of Use?

If you don’t file a Statement of Use, your trademark application cannot be approved, and your mark will not be registered. Eventually, your trademark will be deemed abandoned, and someone else can apply to register your trademark.

If you are not ready to submit a Statement of Use, it may be possible to request an extension of time. Read more about extensions of time here.

Filing Trademark Statements of Use

Where to file a trademark Statement of Use?

Statements of Use for trademarks are filed with the U.S. Patent and Trademark Office in Alexandria, Virginia.

How to file a trademark Statement of Use?

You can file a trademark Statement of Use online or by mail. The fastest way to file a trademark Statement of Use is online using the U.S. Patent and Trademark Office’s Trademark Electronic Application System (TEAS).

If you want to learn more about TEAS, you can read our Guide to TEAS Plus here.

When to file a trademark Statement of Use?

You must file a Statement of Use within six months from the date on your Notice of Allowance. If you are not using your trademark by that deadline, you can request a six-month extension. Read more about extensions of time here.

Who Should File a Statement of Use trademark?

A trademark applicant should file any required Statement of Use within six months after a Notice of Allowance from the U.S. Patent and Trademark Office (USPTO).

What is the Statement of Use trademark fee?

The fee for a trademark Statement of Use is $100, if the Statement is submitted to the U.S. Patent and Trademark Office using its Trademark Electronic Application System (TEAS). The fee is $200 is the Statement is submitted on paper. The USPTO publishes a list of all trademark fees on its website here.

Requirements for Statements of Use

What are the requirements for a trademark Statement of Use?

A Statement of Use has three requirements. Every Statement of Use for a trademark must include (1) the required fee(s), (2) at least one example of use, and (3) a sworn confirmation that the mark is being used in commerce.

The U.S. Patent and Trademark Office (USPTO) requires a fee for each class of products and services listed in your Notice of Allowance. Similarly, the USPTO requires at least one example of use for each class. So, if your trademark application has been allowed for three classes, then your Statement of Use would require $300 (3 classes x $100/class).

The sworn confirmation must be made by a person with legal authority to bind the trademark owner and must be signed. When a Statement of Use is unsigned or signed by the wrong party, a substitute verification Is required.

Extensions of Time for Trademark Statements of Use

If you aren’t ready to file the SOU, you need to file a Request for Extension of Time to File a Statement of Use within six months of when your Notice of Allowance was issued. The extensions can be filed every six months for up to 36 months.

Trademark Statement of Use Example

A Statement of Use for a trademark application is needed when the U.S. Patent and Trademark Office (USPTO) issues a Notice of Allowance in a trademark application. If you receive a document that looks like the Notice of Allowance example below, you need to file a Statement of Use.

Example of a Notice of Allowance

This is an example of a Statement of Use that was filed in response to the Notice of Allowance above.

Trademark Statement of Use Example

Frequently Asked Questions About Trademark Statements of Use

1. What is a statement of use in trademark?

A Statement of Use (SOU) is a filing submitted to the U.S. Patent and Trademark Office (USPTO) that confirms that the applied-for mark is actually being used in commerce. Use in commerce is required to register a trademark with the USPTO.

2. How much does it cost to file a statement of use with the USPTO?

The cost for a trademark Statement of Use is $100 per class. A trademark Statement of Use must include a filing fee of $100 per class listed in your Notice of Allowance.

3. What is USPTO statement of use?

A statement of use (SOU) is a filing submitted to the U.S. Patent and Trademark Office (USPTO) that confirms that your trademark application is now being used in commerce.

4. What to include in a trademark Statement of Use?

You should include the required filing fee, at least one example of how you are using your mark, and a sworn statement that a trademark is in use

5. Do I need to file a statement of use for a trademark?

If you have received a Notice of Allowance from the U.S. Patent and Trademark Office, you must file a Statement of Use to show you are using it to sell goods and/or services.

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Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

The Differences Between the TM and ® Trademark Symbols

October 26, 2022 by Michael Kondoudis

The ® symbol indicates that the mark is registered with the USPTO and protected by federal law. The TM symbol indicates only that the mark is trademarked but may not be registered with the USPTO.

By Michael Kondoudis, Small Business Trademark Attorney

This is our COMPLETE guide to the TM and ® trademark symbols.

This guide explains what the TM and ® symbols mean, when to use them, and the differences between them.

If you’re a trademark owner wondering what the differences are between the TM and ® symbols, then this guide is for you.

Let’s get started!

CONTENTS

> About Trademarks

> The TM Symbol

> The ® Symbol

> The Differences Between the TM and ® Symbols

> Condensed Summary

1. About Trademarks

What is a trademark?

A trademark is a symbol, name, or other device that distinguishes the goods or services of one company from those of others. A trademark can be a word, phrase, logo, graphic, color, or even a sound. The purpose of a trademark is to prevent consumers from being confused about the source of a product or service. Trademarks can be registered with the U.S. Patent and Trademark Office (USPTO), the federal agency that administers federal trademarks.

What is trademark registration?

Trademark registration is a process through which the U.S. Patent and Trademark Office (USPTO) evaluates a trademark to ensure that it qualifies for protection under federal trademark laws. The trademark registration process involves submitting an application to the USPTO and then waiting for the office to review the application and make the determination.

Is trademark registration required?

Registration is optional, but trademarks registered with the USPTO are stronger than those that are not registered. Only owners of registered trademarks are legally permitted to use the ® trademark symbol.

What are some of the benefits of trademark registration?

The benefits of trademark registration are numerous. First, only one person or business can register a trademark in an industry. When a trademark is registered, no one else can register or use it. Secondly, trademark registration is official confirmation of ownership of the mark. Third, trademark registration extends protection nationwide. Also, trademark registration is a powerful marketing tool; by registering your mark, you tell customers that your products or services are of high quality and legitimacy.

You can read all of the reasons to register a trademark here.

2. The TM Trademark Symbol

What does the TM symbol mean?

Typically, the TM symbol means unregistered trademark. The TM symbol means you claim rights in your trademark but may not have registered it. The TM symbol lets people know that a name, word, phrase, or logo is trademarked – regardless of whether you have registered it or not.

What is the TM symbol used for?

Typically, the TM symbol is used to indicate an unregistered trademark. When the TM symbol is used with a name, word, phrase, or logo, it means that the mark may not have been registered with the USPTO.

Do you need help with your trademark?

When is the TM symbol used?

The TM symbol can be used at any time, regardless of whether or not your trademark is registered with the USPTO. So, the TM symbol can be used with registered and unregistered trademarks. However, a TM symbol is typically used to indicate an unregistered trademark.

When should you use the TM symbol?

You should use the TM trademark symbol for unregistered trademarks and those going through the registration process. After the USPTO registers a trademark, you should use the ® symbol and stop using the TM symbol.

Why is it important to use the TM symbol?

Using the TM symbol for registered trademarks is important because it lets consumers know that you claim rights in a mark, and common law rights protect it. If you don’t use the TM symbol, consumers may not realize that your mark is a trademark.

The TM symbol puts potential infringers on notice that you consider your mark already in use and protects your common law rights to the mark.

3. The ® Trademark Symbol

What does the ® symbol mean?

The ® symbol means registered trademark. The ® symbol means that the U.S. Patent and Trademark Office (UPSTO) has registered your trademark and is protected by federal trademark law. The ® symbol lets consumers know that a name, word, phrase, or logo is trademarked and that it is registered with the USPTO.

What is the ® symbol used for?

The ® symbol is used to indicate a registered trademark. The ® symbol indicates that a trademark is registered with the USPTO.

When is the ® symbol used?

The ® symbol is used only after a trademark has been registered by the USPTO. The ® symbol can only be used with registered trademarks.

When should you use the ® symbol?

You should use the ® trademark symbol for registered trademarks that have completed the USPTO registration process. So, for a company to use the ® symbol, it must first apply for and receive a trademark from the government.

Why is it important to use the ® symbol?

Using the ® symbol for registered trademarks is important because it lets consumers know that the mark is protected by federal law. If you don’t use the ® symbol, consumers may not realize that your trademark is registered.

The ® symbol, on the other hand, provides notice that your mark is registered with the USPTO and deters potential infringers by making it clear that you have a valid claim to the mark.

4. Differences Between TM and ®

The ® and TM symbols are both used to indicate that a particular name, word, phrase, or logo is a trademark. However, there is a distinct difference between the two symbols.

How do the TM and ® Symbols Differ?

The TM and ® symbols differ in the following three ways:

when they are used
what they mean
their impact

#1 Usage

The TM symbol can be used with registered and unregistered trademarks, while the ® symbol can only be used with registered trademarks. You can only use the ® trademark symbol after registering your mark with the USPTO.

The ® symbol is reserved exclusively for registered trademarks, while the TM symbol can be used regardless of whether your trademark is registered with the USPTO.

Do you need help with your trademark?

#2 Meaning

The ® symbol means that a trademark is registered with the USPTO and is protected by federal law, while the TM symbol means that someone claims exclusive rights to a trademark, which may or may not be registered.

#3 Impact

The TM symbol is less powerful than the ® symbol because it doesn’t offer federal protection. However, using the TM symbol can still help to prevent consumer confusion and can help to protect your trademarks from infringement.

5. Condensed Summary

When you see a company’s logo, there is usually a little symbol next to it. But what does that symbol mean? The two most common symbols are the TM and the ®. They may look similar, but they actually have two very different meanings. Keep reading to learn the difference between the TM trademark symbol and the ® trademark symbol.

The TM symbol stands for ‘trademark.’ It can be used with any word, phrase, or logo that a company feels represents their brand. The TM symbol does not have to be registered with the government to be used; however, businesses can only use it once they have proof that they are using it as a trademark. common law rights.

The ® symbol stands for ‘registered trademark.’ This means that it is a trademark that has been registered with the government. In order to use this symbol, businesses must first register their trademark with the USPTO.

The bottom line is that if you want to use the ® symbol, you must register your trademark with the USPTO. However, you can use the TM symbol even if your trademark is not yet registered. Doing so will help you protect your rights to your word, phrase, or logo by indicating that you are already claiming ownership of it.

TAKE THE NEXT STEP

Take next step toward LEGALLY owning your Trademark!

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your mark, we invite you to book a FREE brand protection strategy session with us here.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

How to Trademark a Logo for Free – AN EASY GUIDE

October 25, 2022 by Michael Kondoudis

You can trademark a logo for free with a “common law” trademark and establishing a common law trademark doesn’t require any forms or fees. However, you cannot register a trademark for a logo for free.

By Michael Kondoudis, Small Business Trademark Attorney

This is our EASY guide to trademarking a logo for free.

You may have heard that you can trademark your logo for free. Is this true? The answer is both yes and no.

It is possible to get some trademark rights just by using a trademark. But, those rights are limited and pale in comparison to trademarks registered with the U.S. Patent and Trademark Office.

In this post, I’ll explain exactly how to trademark a logo for free, and this information applies to names and phrases as well.

So, if you want to learn how to trademark a logo for free, this guide is for you.

Let’s get started!

CONTENTS

→ How to trademark a logo for free

→ All about common law trademarks

→ How to establish common law trademark rights

→ All About registered federal trademarks

→ The benefits of trademark registration

→ How to register a trademark for free

→ Condensed summary

→ Frequently asked questions

I. HOW TO TRADEMARK FOR FREE

How to Trademark a Logo for Free

You can trademark a logo for free by getting a common law trademark. A common law trademark can be a great way to protect your logo without incurring the cost of registration.

Can you trademark a logo for free?

Yes, you can trademark a logo for free by establishing a “common law” trademark through use of the logo in commerce. This means using the logo to brand your company, business, product, or service. You cannot register the logo for free, however, because the U.S. Patent and Trademark Office charges a filing fee for every new trademark application. So, there is always a fee to register a logo.

RELATED: How to Register a Band Logo

Is There Such a Thing as Free Trademark?

Yes, you can establish a common law trademark for free. A trademark registration is never free, however. The U.S. Patent and Trademark Office charges a “filing fee” for every application.

II. COMMON LAW TRADEMARKS

What is a Common Law Trademark?

A common law trademark is not registered with the USPTO but is instead established through use in commerce and taking steps to prevent others from using it.

Common law trademarks are not registered with the government but are still protected under the law.

Common law trademarks are established through use in commerce. They are based on use, through actual use in commerce rather than through registration.

Stop Worrying About Your Trademark

Schedule a Free Strategy Call

See How My Law Firm Can Help You Protect Your Trademark

New Applications – Legally own your trademark.

Office Actions – We can navigate the trademarking process at the USPTO.

Enforcement – Flex your trademark rights. Stop copycats.

The Benefits of a “Free” Common Law Trademarks

There are several benefits to common law trademarks.

First, common law trademarks are easier to obtain than federal trademarks. There are far fewer requirements. Common law trademark rights come from use in commerce.

Second, common law trademarks are much less expensive than registered federal trademarks. It is cheaper to establish a common law trademark than to register one with the U.S. Patent and Trademark Office (USPTO).

Third, common law trademark rights can be established in less time than registered trademarks. All that is required is use in commerce.

The Limitations of a “Free” Common Law Trademark

Common law trademarks can provide valuable protection for businesses, but they have limitations. The two most important limitations are geographic and enforcement.

First, common law trademark rights are limited to the geographic area where a mark is used. They are not national, unlike registered trademarks. That means that other businesses outside of your local region could use your logo and you would be unable to stop them. So, if you plan to expand your business into multiple markets, you should consider registering your trademark with the USPTO.

Second, enforcing common law rights is far more complex and expensive. For example, a trademark owner must prove ownership, validity, and regions of use. In contrast, with registered federal trademarks, these elements of infringement are legally presumed, so enforcement is easier and less expensive. Also, it is presumed that a registered federal trademark is recognized as representing a brand.

The surest way to LEGALLY own your trademark is to register it with the U.S. Patent and Trademark Office. Federally registered trademarks are stronger than common law trademarks. Read about the advantages of trademark registration here.

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III. HOW TO GET A COMMON LAW TRADEMARK

How to Establish a Common Law Trademark

To establish a common law trademark, you will need to do two things:

1. Use the mark in commerce; and

2. Demonstrate that it has “secondary meaning,” which is to say that it has become associated with your brand in the minds of consumers.

Use in commerce

You have to use the mark in a way that identifies it as being associated with your goods or services. For example, you could use the mark on packaging, labels, signage, or advertisements.

Secondary meaning

This can be shown by promoting the mark through advertising and marketing and ensuring that it is used consistently across all your business’s communications. This can be done by showing that the mark has been in continuous use for a period of time or that it has become well-known among consumers.

Once you have established a common law trademark, you can enforce it against infringements in certain situations. However, note that common law trademarks do have some limitations.

IV. ABOUT REGISTERED TRADEMARKS

What is a Registered Trademark?

A Federal trademark is an enhanced trademark certified by the U.S. government. It’s an enhanced trademark because it comes with exclusivity and nationwide legal rights, preventing anyone else from registering anything similar for your industry.

The United States Patent and Trademark Office (or “USPTO”) is the Federal agency that registers trademarks.

What Are the Benefits of a Registered Trademark?

Federal trademark registration is the ultimate protection for any brand. There is no higher level. That makes a Federal trademark the best insurance against having to rebrand.

Here are just some of the reasons why:

A registered federal trademark is an official confirmation that you own your trademark.
A registered federal trademark comes with the immediate, exclusive, and nationwide right to use your mark.
A registered federal trademark will prevent anyone else from registering it (or anything similar) in your industry.
A registered federal trademark gives you enhanced protection for domain names and social media platforms and access to Amazon’s brand registry.
A registered federal trademark gives you the legal right to use the ® symbol.A

V. HOW TO REGISTER A TRADEMARK FOR FREE

How to Register a Trademark for Free

You cannot register a trademark for free because every application filed with the U.S. Patent and Trademark Office (“USPTO”) must be accompanied by a non-refundable filing fee. This fee is mandatory and is non-refundable. The USPTO filing fee is $250 or $350 per class of goods or services. Therefore, while it is possible to register a trademark without hiring a lawyer, it can never be free.

Can You Register a Trademark for Free?

No, you cannot register a trademark for free because the U.S. Patent and Trademark Office (“USPTO”) charges a filing fee for every application it receives.

Is There Such a Thing as Free Trademark Registration?

No. To register a trademark, you must pay a non-refundable government filing fee to the United States Patent and Trademark Office (“USPTO”). So, free trademark at the federal level is not an option.

How Much Does Trademark Registration Cost?

Currently, the U.S. Patent and Trademark Office charges a filing fee for every application. The current filing fee is at least $250 per application, and often more when many products or services are listed in the application.

The average cost is between $275 and $400 to file a trademark application with the USPTO. However, the actual cost will depend on several factors, including the complexity of the application. Ultimately, the cost of trademark registration will vary depending on the specifics of your situation.

VI. SUMMARY

In the United States, you can establish “common law” trademark rights in a logo just by using it to brand your company, products, and/or services. Common law trademark rights are limited and difficult to enforce, however.

The best way to protect a logo is to register it with the U.S. Patent and Trademark Office (USPTO). The process of registering a logo trademark includes filing an application with the USPTO and the USPTO charges a filing fee for every new trademark application. The application fee is currently $250 per class of goods or services that you list in your application. So, there is no such thing as a free trademark registration.

VII. FREQUENTLY ASKED QUESTIONS

1. Can I trademark a logo for free?

No, you can’t register a logo for free, but you can establish a common law trademark for free by using the logo to brand your products. Common law trademarks are free and do not require any paperwork or forms. There is no way to register a logo trademark for free because you will always have to pay at least a small fee that covers the costs of examining and processing your trademark application. There is no way to get a federal trademark for free.

2. What is the least expensive way to trademark a logo?

The least expensive way to trademark a logo is to establish common law rights, which is free.

3. What is the least expensive way to register a logo trademark?

The cost to trademark a logo is between from $250 to $350 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest way to submit an application to register your trademark is online, through the USPTO’s Trademark Electronic Application System (TEAS).

4. What is the cheapest way to trademark a logo?

There is a free option to get a trademark for your logo. The way to get a free trademark is to establish common law trademark rights by using your logo to brand your business, products, or services. Common law trademark rights have limitations, but they can offer some protection for logos.

5. Can you trademark things for free?

Yes, you can establish common law trademarks and no cost. However, you cannot register a trademark for free. The U.S. Patent and Trademark Office always charges a filing fee.

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Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).