Secure Your Brand

trademark consent

Understanding the Trademark Consent to Use Agreement

Brandaide Blog, Intellectual Property, Protect Your Brand, Secure Your Brand, Sustain Your Brand /

Trademark consent to use agreements are routinely used by trademark attorneys in proceedings to register trademarks before the U.S. Trademark Office. Such agreements are also called also called coexistence agreements, or live and let live agreements. The most famous example of a trademark consent to use agreement that was violated than that entered into in 1981 between The Beatles and Apple Computers.

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descriptive trademarks go to Supplemental Register

Descriptive Trademark Sent to Rehab for Bad Brands

Brandaide Blog, Secure Your Brand, Select Your Brand /

Descriptive trademarks are “bad brands,” since they don’t qualify for trademark registration. They spend 5 years on the Supplemental Register and after release, must still prove secondary meaning aka acquired distinctiveness in order to be enforceable against third parties. This is an expensive, difficult hurdle most that most can never meet.

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how to trademark a website

How to Trademark a Domain

Brandaide Blog, Protect Your Brand, Secure Your Brand, Select Your Brand /

Clients and marketing professionals are often confused as to the difference between registration of a domain name and registering a trademark or service mark. Domains names are not trademarks. A domain is nothing more than an Internet address, much like the street address where you live. Domain names do not afford protection against use of the domain name for competitive products or services unless separate trademark rights are established and registered.

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A woman with a shock looked on her face a she reads a rejection of her USPTO trademark application

Why a USPTO Trademark Application Will Be Rejected

Brandaide Blog, Protect Your Brand, Secure Your Brand /

Who wants to go to the expense and time to file for a federal trademark registration for a new brand name and then get rejected? As many as 70% of all trademark filings are initially rejected, with the Examining Lawyer at the USPTO issuing an Office Action refusing registration. Some Office Actions are scary, complicated, and require expert trademark counsel.

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