As mentioned in an earlier post “[M]uch of a trademark attorney’s time is spent … preparing and submitting arguments to the U.S. Trademark Office (or foreign trademark offices) that respond to a refusal on the grounds that a mark is generic or merely descriptive.”  In the U.S., the refusal mentioned comes in the form of an “Office Action,” which is a communication from the Trademark Office to the Applicant (or its attorney, if one has been appointed) that sets forth one or more reasons the Examining Attorney believes that the mark cannot be registered or that the application is deficient. […]

Date posted: October 27, 2015 | Author: | Comments Off on What’s an ‘Office Action?’

Categories: Blog Trademark

First, stop doing that; it drives trademark lawyers crazy. You can’t “trademark” anything — it’s not a verb — but you can obtain trademark rights in your slogan or logo. When people talk about “trademarking” something, they usually use the term to refer to obtaining a federal trademark registration for the mark. It is important to note, however, that registration is not required to obtain enforceable trademark rights in the U.S. In the U.S., use of a mark in connection with goods or services creates enforceable trademark rights in the geographic region the mark is used in (in most other […]

Date posted: October 27, 2015 | Author: | Comments Off on “I Want to Trademark my Slogan or Logo”

Categories: Blog Trademark

Don’t worry, it’s not as gross as it sounds. As described in an earlier post, trademark rights in the United States are based on use of a mark in commerce in connection with particular goods and/or services. Also unlike most foreign countries, the US requires proof of use of to federally register a trademark (except in limited circumstances), although the mark need not be in use prior to filing an application. This evidence of use is what is commonly referred to as a “Specimen of Use.” What constitutes an acceptable specimen depends on whether registration of a mark is sought […]

Date posted: October 27, 2015 | Author: | Comments Off on What’s a ‘Specimen of Use’?

Categories: Blog Trademark

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Danielson Legal is a boutique intellectual property and technology law firm in Cambridge, Massachusetts.

We represent international, national and regional companies, both large and small, in a variety of trademark, patent, copyright, licensing, and related areas of practice.

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