Intellectual Property: Lesson 3
Violane Panasci,an attorney at Rockridge venture law, discusses trademarks and the filing process.
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What is the first step in protecting your business name with a trademark?CorrectIncorrect
What is the main goal of trademark law?CorrectIncorrect
When filing a trademark application, what are the two options for choosing a basis?CorrectIncorrect
Video Lesson Topics
- What is a Trademark?
Trademarks are used to assert a right in a name, slogan, or product, and protect anyone who might be using that name. Trademarks are filed with the United States Patent and Trademark Office
-Picking a Name for Your Product or Business
The first step is to go on Google and go on social media platforms to look and see if there’s an identical name or a similar name already being used. If there is, then you will want to stray away from that and maybe rebrand because this will cause issues once you do file an application with the USPTO. The goal is to find a name distinct from everything else out there. In addition, you can also search the USPTO website. There is a database there that is publicly available and will show any trademark that’s alive, registered, pending, or dead.
- The Filing Process
When going through the process on the USPTO website, you will need to choose whether you’re filing a design mark or literary mark. If your file is a literary mark, you’re not claiming rights to font size, color, or design.
If you have a logo that you want to trademark, you will file a design mark. Then, once you figure that out, you will have to choose a basis. If you’ve just decided to file a trademark before you even start branding your business, setting up a website, or opening up a shop, then you will want to fall under 1b basis. 1b Basis is for situations where there is no use of the mark yet, but an intent to use and mark on businesses, goods, or services. The next step is to upload a specimen. After, follow your application, and then get an electronic confirmation. An application is typically assigned to an examiner within three months. Then that examiner will decide whether it should be published for opposition, which means that any trademark owner could oppose your mark being registered for 30 days. If no one opposes it, it will register.
Topics & Lessons
Each Below Topic Contains a Video Lesson and Helpful Downloadable Information
Intellectual Property Rights
IP & Contracts
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