Early Internet marketers disseminated misinformation leaving many Internet businesses with weak or no brand protection. Marketers in their quest to secure easy search rankings, as well as domain resellers seeking to drive up prices, failed to communicate this important message: A generic term will never be a trademark or brand for the product or service being sold.
Most new brand owners perform a registered trademark search to make sure they don’t get sued by a third party. This is most important. And, there are other equally important benefits to performing a trademark business name search. A trademark search provides a detailed picture of the competitive landscape for the goods or services you plan to sell and serve as a road map for future brand expansion.
There are three doors to file a USPTO trademark application. Whether you file on your own or hire a trademark attorney, it’s helpful to understand the three common ways to file your USPTO trademark, and the procedures used by the Trademark Office to decide if your UPSTO trademark application will be approved. The three ways include the Intent to Use Trademark Application, the Actual Use application, and for foreign applicants, to file using an existing foreign trademark application or registration as the basis for a USPTO trademark. The Intent to Use Trademark requires a second step, namely to file a Statement of Use Trademark.
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.