Published: November 30, 2016, 6:00 pm
If you’re an American entrepreneur with more than a year or two under your belt, you’ve already experienced drastic economic changes. In fact, the last 10-12 years have been a roller coaster ride that many business owners either wanted to - or were forced to - get off when it changed from fun and exhilarating to sickening.
Fortunately, in most sectors, things have slowed down in the last 1-2 years and have hit a steadier equilibrium that’s allowed for consistent, steady growth for many companies. But those companies are being run far differently now than they were in the (Read more...
Published: November 23, 2016, 1:16 am
What do I need to do to protect my mark after it is registered?
Unlike copyrights and patents, trademarks can last forever if you take the right steps. Once properly registered, you will have to file your first Declaration of Continued Use between the 5th and 6th anniversary date of your filing. Your next renewal will fall between the ninth and tenth year. After that, you have to renew the mark every ten years.
At the five year mark, assuming you have continued to use the mark, you will want to file a “Declaration of Incontestability” giving you the greatest (Read more...
Published: November 19, 2016, 1:13 am
What Happens After My Application is Filed?
After your application is filed, you should receive an email from the USPTO confirming the submission. In a few business days, the USPTO will confirm the application has the necessary information to be considered. On average, it is then taking about two to three months for an application to be assigned to an attorney within the USPTO. If there are no issues, the USPTO will publish the mark to see if anyone in the public challenges the mark. If no one timely challenges the mark after it is published, then your mark will (Read more...
Published: November 19, 2016, 12:00 am
I’m often told how lucky I am to be able to converse with the 200+ successful entrepreneurs we’ve interviewed in the Secret Entourage Academy. As a successful Serial Entrepreneur myself, I find it quite easy to relate on a uniform level to many of those incredible people I interact with every day. Part of what makes our interviews so compelling, powerful, and exciting is that I’ve shared many of the same struggles and successes, so I know the right questions to ask each person in order to really understand their processes for success.
However, throughout this journey, I have (Read more...
Published: November 15, 2016, 1:10 am
Common Questions During the Application Process
Have you used your mark in commerce and what is the impact of that?
If you are already selling your product or service with the mark on it, you are “using” your mark in commerce. As a result, you will need to provide proof that you are already using it. You can still register your mark even if you have not started yet. You can file what is referred to as an intent to use application to hold your place in line. You will have to make another filing when you actually start (Read more...
Published: November 12, 2016, 1:07 am
Do I trademark my name, my logo or both?
You can register just your name, your logo, or you can do both. The logo and the name constitute two separate trademark registrations and would require two separate payments to the USPTO of $275.
If you need to choose, then, generally speaking, companies start with trademarking their name. Protecting your name gives you the broadest protection because it prevents any use of it that causes confusion, even if someone tries to use your name within their logo. A mark for your logo protects the exact shape, orientation, stylization and sometimes color (Read more...
Published: November 8, 2016, 1:06 am
In the most general sense, getting a trademark protects your brand. A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of another. By registering your trademark, you will be entitled to a presumption of ownership of the brand on a national level and a presumed right to use the brand nationwide. It prevents someone from registering a confusingly similar mark after you and allows you to sue in federal court if someone infringes on the brand you have worked hard to build. Once registered, you can also (Read more...