curtains_000003766048Small1-001-300x199A trademark is an adjective. It is not a noun or a verb. Why?  Because, a trademark’s purpose is to identify the source or origin of a product, NOT to identify the product itself. You have gone to great lengths to find a mark that is not descriptive of your product, and we have discussed that generic marks can never be a trademark, so you do not now want to use your mark in such a way that you cause to become descriptive or generic.
Continue Reading Branding 101: Proper use of a trademark – It’s all in the grammar

curtains_000003766048Small1-001-300x199The mark has been chosen, the trademark search was clear, and it has been decided that the mark should be registered. The next step in the process is straightforward – file an intent to use (ITU) trademark application.

It is not necessary or recommended to wait until the mark has been used to file the application. An application can be filed based on your bone fide intent to use the mark in the future. However, the application will not register until after use begins. Once use begins, a separate statement is filed claiming this use. This statement can be filed prior to approval for publication of the mark, or after issuance of a notice of allowance. There is a blackout period, between approval for publication and issuance of the notice of allowance during which a use statement cannot be filed. If the use statement is filed prior to publication, the application will proceed to registration once the publication period is complete (if no opposition was filed).
Continue Reading Branding 101 – The Registration Process

curtains_000003766048Small1-001-300x199Once you have selected a trademark and it has been cleared for use, you can simply start using the mark. This will give you common law trademark rights. However, you should consider filing an application to register the mark with the United States Patent and Trademark Office (USPTO). There are a few questions that might come to mind when this recommendation is made: 1. Why should I register my trademarks? 2. Which of my trademarks should I register? And 3. When should I register my trademarks?
Continue Reading Branding 101 – US Federal Trademark Registration – Why, Which, and When?

curtains_000003766048Small1-001-300x199Once a proposed mark has been chosen, it is always a good idea to have your trademark attorney conduct a trademark search. Even if you are not aware of any competitors or related companies that use the same name it does not mean that there are none. A trademark search will also look for marks that are “confusingly similar” to the mark being searched or are likely to cause confusion in the consuming public. We will discuss the concept of confusing similarity and likelihood of confusion in the context of trademark infringement in a later post.

If you are considering several marks, it may be possible to narrow the field by conducting a quick Internet search using Google or a similar search engine. If that search finds a direct hit, you can quickly move on to your next contender. This strategy can save time and money for when the final options need to have a closer look taken by your trademark attorney.
Continue Reading Healthcare Branding 101 – Trademark Searching

curtains_000003766048Small1-001-300x199Selecting a strong trademark is the key to being able to protect the trademark. As we discussed last week, the first and central step in branding is selecting your trademarks, which will serve to promote your reputation and help your company stand out among your competition. However, when choosing a name for a product or service, the inherent strength of mark should be considered as this will affect many things going forward from the cost of a search to your ability to stop others from using similar names.
Continue Reading Healthcare Branding 101 – Selection of a Strong Trademark

curtains_000003766048Small1-001-300x199“Branding” is one of the most popular buzz words in the advertising and marketing arena. But what does it mean to have a “brand” and what is needed to create and maintain your “brand”? Is it really important for a small physician’s office or local hospital? The short answer is yes – branding is important, even for small providers.
Continue Reading Branding 101 for Healthcare Providers: A Refresher