Author Archives: John DiGiacomo

What is a Trademark License?

What is a Trademark License?

Trademark

In non-legal terms, a trademark license is the giving of permission to use a trademark from the owner of a trademark to another. In legal terms, the owner of the trademark — who grants permission — is called the “Licensor,” and the business or person receiving permission is called the “Licensee.” With a license, importantly, […]

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What is a Common Law Trademark Search, and Do I Have to Do One?

What is a Common Law Trademark Search, and Do I Have to Do One?

Trademark

To avoid being sued for trademark infringement, before creating and using a new trademark, you must conduct a trademark search. This search will determine if there are any existing trademarks being used that are the same as — or confusingly similar — to the trademark you are planning to use. Further, if you want to […]

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Keeping Your Trademark Registration if Your Trademark is Not Being Used

Keeping Your Trademark Registration if Your Trademark is Not Being Used

Trademark

If you are not using your trademark and there is a concern about maintaining your trademark registration, there are a couple of options. The first option is to figure out methods of using your trademark in some minimal way. The second option is to qualify for “excusable nonuse.” The experienced and top-rated Trademark attorneys here […]

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Mistakes to Avoid When Filing an Application for Trademark Registration

Mistakes to Avoid When Filing an Application for Trademark Registration

Trademark

Registering a trademark is generally good for your business. Trademarks are valuable and increase in value over time. While trademarks have some legal protection just by existing and being used, those legal protections are significantly enhanced by registering the trademark with the US Patent and Trademark Office (“USPTO”). Registration is accomplished by filing an application […]

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What to Do If Trademark Registration Application is Rejected

What to Do If Trademark Registration Application is Rejected

Trademark

If you are attempting to register a trademark with the US Patent and Trademark Office (USPTO), it is possible that you will receive notice from the USPTO that your application has been rejected. An official rejection will be delivered as a Certificate of Rejection. However, there are other “rejections” that are not quite as official […]

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Trademark Registration: “What Does ‘Application Status Abandoned’ Mean?”

Trademark Registration: “What Does ‘Application Status Abandoned’ Mean?”

Trademark

Applications to register trademarks are filed and reviewed by the US Patent and Trademark Office (USPTO). In the very broadest sense possible, there are three potential results that can flow from the filing of a trademark registration application — approval, denial, and abandonment. Abandonment means that barring some action to revive the application, the application […]

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