Add Check Box Fields Legal Mississippi Trademarks Forms For Free

To prevail on a claim of trademark infringement, a plaintiff must establish that it has a valid mark entitled to protection; and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff's consent.

Generally, a trademark may consist of any “word, name, symbol, or device, or any combination thereof.” 15 U.S.C. §1127. While punctuation can be included as an element of a mark, it generally creates no additional indicating function.

To answer the question, “Are trademarks case sensitive?” – no, they are not if you file in a standardized format. The case of the letters in a trademark is not a determining factor in assessing the likelihood of confusion.

You can perform a basic trademark search through the USPTO's online trademark database. Use the drop-down menu to conduct a general search or search by wordmark, goods and services, owner, serial number, registration number, or mark description.

Generally, you trademark an image by applying to the U.S. Patent and Trademark Office (USPTO) and getting your application approved for registration. Trademarking with the USPTO is a legal process that usually takes about 12 months. So, the sooner you start trademarking your image the better.

What are the top Trademark Rules? Always use your whole mark. Make sure your mark stands out. Use a trademark symbol. Avoid descriptive words, terms, and phrases. Use your trademark as an adjective. Business and domain names do not protect trademarks. Avoid commonly used words, terms, and phrases.

Trademark a Phrase: A Step By Step Guide Choose an Original and Distinct Phrase. Search the USPTO Database for Your Phrase. Select the Appropriate Filing-Basis for the Trademark Application. Select the Appropriate Class of Goods/Services and Description of the Goods/Services. Pay the Appropriate Gov.

A clear and concise trademark description should include an identification of the goods and/or services, the specific use of the trademark, and any distinctive features such as color schemes, design elements, and stylization. It must accurately and specifically define the scope of the trademark.

If you register your trademark in standard characters, you will receive the broadest form of protection for your trademark because your registration will encompass the wording itself, without limiting the registered trademark to a particular font, style, size, or color.