Trademark registration allows individuals and businesses to protect their brand names, logos, and other unique identifying marks. One common question that arises is whether it is possible to trademark a single word. The answer is yes, a single word can be trademarked under certain conditions.

To qualify for trademark registration, a single word must be distinctive and not merely descriptive. This means that the word must not describe the product or service being offered. For example, the word "apple" cannot be trademarked for a company that sells apples because it is a descriptive term for the product being sold. However, the word "Apple" can be trademarked for a company that sells electronic products because it is not descriptive of the product being sold.

To determine whether a single word is distinctive, the USPTO considers a few factors such as how commonly the word is used in the industry, whether the word has any secondary meaning in the context of the product or service being offered, and whether the word is arbitrary or fanciful.

An arbitrary or fanciful word is a word that has no relation to the product or service being offered. Examples of arbitrary or fanciful words that have been trademarked include "Nike," "Kodak," and "Xerox." These words are unique and have no meaning outside of the context of the brand.

A single word that is a surname or personal name cannot be trademarked unless it has acquired a secondary meaning. This means that the word has become associated with a particular product or service in the minds of consumers. For example, "Ford" can be trademarked for automobiles because it has acquired a secondary meaning in that context.

In summary, a single word can be trademarked if it meets the requirements for distinctiveness and is not merely descriptive of the product or service being offered. A trademark attorney can help you determine whether your single word is eligible for trademark registration and guide you through the application process. By trademarking your single word, you can protect your brand identity and prevent others from using your mark without your permission.

Trademark law allows for the registration and protection of trademarks that are currently in use or intended to be used in commerce. However, there are instances where a previously registered trademark, known as a "dead" trademark, can be revived and re-registered. In this article, we will discuss the process of trademark revival and whether it is possible to trademark a dead trademark.

A dead trademark is a trademark that has been abandoned by its owner, either voluntarily or due to failure to maintain the trademark registration. Once a trademark is considered dead, it no longer has any legal protection, and anyone can use the trademark without infringing on any trademark rights.

To revive a dead trademark, the trademark owner must file a petition to revive the trademark with the United States Patent and Trademark Office (USPTO). The petition must demonstrate that the trademark owner has a valid reason for the trademark's revival and that the trademark is still being used in commerce.

The USPTO will evaluate the petition and determine whether the trademark should be revived. Factors considered by the USPTO may include the length of time the trademark has been dead, the reasons for its abandonment, and any potential confusion that may arise from the revived trademark.

Assuming the USPTO approves the petition, the trademark owner will need to re-register the trademark and maintain the registration in the same way they would with a new trademark application. This includes regularly submitting renewal applications and using the trademark in commerce to maintain its legal protection.

While it is possible to revive a dead trademark, there are limitations on the types of trademarks that can be revived. For example, if a trademark has been abandoned for more than three years, it may be difficult to revive due to potential confusion with other trademarks that have been registered during that time.

It is possible to revive a dead trademark, but the process can be complex and may not always result in a successful revival. If you are considering reviving a dead trademark, it is important to consult with a trademark attorney who can guide you through the process and help you determine whether it is a viable option for your business.

The following terms are trademarked:

• "Just do it" - trademarked by Nike, Inc.
• "Post-it" - trademarked by 3M.
• "Slurpee" - trademarked by 7-Eleven, Inc.
• "Smartphone" - not trademarked. This term is considered a generic term used to describe a type of mobile phone with advanced features and capabilities.
• "Bazinga" - trademarked by Warner Bros. Entertainment Inc.
• "Elf on the Shelf" - trademarked by CCA and B, LLC.
• "FaceTime" - trademarked by Apple Inc.
• "Barbie" - trademarked by Mattel, Inc.
• "Jeep" - trademarked by FCA US LLC.
• "May the Force be with you" - not trademarked. This phrase is considered a common phrase used in popular culture.
• "Rudolph" - trademarked by Character Arts, LLC.
• "Skywalker" - trademarked by Lucasfilm Entertainment Company Ltd. LLC.
• "Candy" - not trademarked. This term is considered a generic term used to describe various types of sweets and confections.
• "Harry Postter" - not trademarked. This is a misspelling of the trademarked name "Harry Potter," which is owned by Warner Bros. Entertainment Inc.
• "Litecoin" - trademarked by Litecoin Foundation.
• "NYPD" - trademarked by City of New York.
• "Octogon" - not trademarked. This term is considered a common geometrical shape.
• "Festivus" - trademarked by Sony Pictures Television Inc.
• "Flavortown" - trademarked by Guy Fieri.

A trademark is a valuable asset for any business, serving as a symbol of their brand identity and distinguishing them from competitors. However, if a trademark is abandoned, it can lose its legal protections and become vulnerable to infringement by others. In this article, we will discuss how to revive an abandoned trademark.

An abandoned trademark is a trademark that has been abandoned by its owner, meaning that the owner has stopped using the trademark in commerce or has failed to maintain the trademark registration. When a trademark is abandoned, it can no longer be enforced against infringing parties, and it may be available for others to use.

To revive an abandoned trademark, the first step is to determine the reason for the abandonment. If the abandonment was unintentional or due to an oversight, the trademark owner can file a petition to revive the trademark with the relevant government agency. In the United States, for example, the trademark owner can file a petition to revive the trademark with the United States Patent and Trademark Office (USPTO).

To revive an abandoned trademark, the trademark owner must demonstrate that the abandonment was unintentional or due to circumstances beyond their control. This can include providing evidence of continued use of the trademark in commerce or showing that the trademark owner was unable to maintain the registration due to a mistake or misunderstanding of the legal requirements.

If the trademark has been abandoned for an extended period of time, the trademark owner may need to re-register the trademark. This can involve conducting a new trademark search and filing a new trademark application with the relevant government agency. In some cases, the trademark owner may need to file a cancellation petition to cancel any existing registrations of the trademark that may have been filed by others during the period of abandonment.

Reviving an abandoned trademark can be a complex and time-consuming process, but it is an important step to protect the value of the trademark and maintain its legal protections. It is important for businesses to regularly monitor their trademarks and take steps to ensure that they are properly maintained and protected.

In conclusion, an abandoned trademark can lose its legal protections and become vulnerable to infringement by others. To revive an abandoned trademark, the trademark owner must determine the reason for the abandonment and file a petition to revive the trademark with the relevant government agency. If the trademark has been abandoned for an extended period of time, the trademark owner may need to re-register the trademark. Reviving an abandoned trademark can be a complex and time-consuming process, but it is an important step to protect the value of the trademark and maintain its legal protections.

rademarks are a valuable asset for businesses, serving as a symbol of their brand identity and distinguishing them from competitors. As such, trademarks can be worth a significant amount of money. In this article, we will explore how much a trademark is worth and what factors can affect its value.

The value of a trademark can be difficult to determine, as it is influenced by a variety of factors. One of the most significant factors is the strength of the trademark. A strong trademark is one that is distinctive, memorable, and easily recognizable. Examples of strong trademarks include Apple, Coca-Cola, and Nike. These trademarks have become synonymous with their respective brands and are worth billions of dollars.

Another factor that can affect the value of a trademark is the industry in which it is used. Trademarks that are used in high-growth industries, such as technology or healthcare, may be worth more than trademarks used in more traditional industries, such as manufacturing or retail.

The length of time a trademark has been in use can also affect its value. Trademarks that have been in use for many years and have become well-established in the marketplace are often worth more than newer trademarks.

Finally, the geographic scope of a trademark can also affect its value. Trademarks that are registered and used in multiple countries are generally worth more than trademarks that are only used in one country.

Determining the value of a trademark can be complex, as it involves a combination of legal, financial, and market factors. In general, the value of a trademark is determined by the amount that a willing buyer would pay a willing seller for the rights to use the trademark.

It is important for businesses to protect their trademarks and ensure that they are properly valued. This includes registering trademarks with the appropriate government agencies, monitoring the marketplace for potential infringement, and enforcing their trademark rights when necessary.

In conclusion, the value of a trademark is influenced by a variety of factors, including the strength of the trademark, the industry in which it is used, the length of time it has been in use, and its geographic scope. While determining the value of a trademark can be complex, it is important for businesses to protect their trademarks and ensure that they are properly valued. By doing so, they can ensure that their valuable assets are protected and maintain the value of their brand identity.

A trademark is a valuable asset for businesses, serving as a symbol of their brand identity and distinguishing them from competitors. While a trademark registered in the United States is protected under US law, it does not automatically apply in other countries. Businesses that want to protect their trademarks in other countries must take additional steps to ensure that their trademarks are recognized and protected.

One option for protecting a trademark in other countries is to register the trademark in each country individually. This can be a time-consuming and expensive process, as each country has its own laws and procedures for trademark registration. However, it is the most effective way to ensure that the trademark is protected in each country where it is used.

Another option for protecting a trademark in other countries is to use the Madrid System. The Madrid System is a centralized system for registering trademarks in multiple countries through a single application. Under the Madrid System, businesses can file a single application for trademark registration and designate multiple countries where they want the trademark to be protected. This can be a more cost-effective and efficient way to protect a trademark in multiple countries.

It is important to note that even if a trademark is registered in other countries, it may not have the same level of protection as it does under US law. Each country has its own laws and procedures for trademark registration and enforcement, and the level of protection may vary depending on the country.

In addition, businesses should be aware of potential trademark conflicts in other countries. Just because a trademark is not registered in a particular country does not mean that it is available for use. Businesses should conduct a thorough search of existing trademarks in each country where they want to use their trademark to avoid potential conflicts.

To summarize, a US trademark does not automatically apply in other countries. Businesses that want to protect their trademarks in other countries must take additional steps, such as registering the trademark in each country individually or using the Madrid System. It is important to be aware of the differences in trademark laws and procedures in other countries and to conduct a thorough search of existing trademarks to avoid potential conflicts. By taking these steps, businesses can protect their valuable assets and maintain the value of their brand identity in multiple countries.

A trademark is an essential asset for a business, serving as a symbol of its brand identity and distinguishing it from competitors. Once a trademark has been registered, it is protected by law, but it is not immune to revocation. There are several reasons why a trademark may be subject to revocation.

One reason a trademark may be revoked is if it is no longer in use. In some jurisdictions, a trademark that has not been used for a certain period of time may be subject to cancellation or revocation. This is because a trademark is intended to protect a business's brand identity, and if the trademark is not being used, it is not serving its purpose.

Another reason a trademark may be subject to revocation is if it is being used improperly. For example, if a business is using a trademark that is similar to another company's trademark, it may be subject to a lawsuit for trademark infringement. In some cases, the court may order the revocation of the infringing trademark.

A trademark may also be subject to revocation if it is found to be offensive or misleading. For example, a trademark that is considered to be derogatory or discriminatory may be subject to cancellation or revocation.

In some cases, a trademark may be voluntarily surrendered by the owner. This may occur if a business is rebranding or if it no longer needs the trademark for other reasons.

It is important for businesses to be aware of the potential for revocation of their trademarks and to take steps to protect their brand identity. This includes monitoring the use of their trademarks and taking legal action if necessary to prevent infringement or misuse.

In conclusion, a trademark may be subject to revocation if it is not being used, if it is being used improperly, if it is offensive or misleading, or if it is voluntarily surrendered by the owner. Businesses should be aware of the potential for revocation of their trademarks and take steps to protect their brand identity. By monitoring the use of their trademarks and taking legal action when necessary, businesses can protect their valuable assets and maintain the value of their brand identity for years to come.

A trademark is an important asset for a business and serves as a symbol of its brand identity. Once a trademark has been registered, it is protected by law, but it is not a one-time process. In order to maintain the protection of a trademark, it must be renewed periodically. How often must a trademark be renewed? The answer depends on the jurisdiction in which the trademark was registered.

In the United States, a trademark registration is valid for 10 years from the date of registration. After the initial 10-year period, the trademark must be renewed every 10 years to maintain its protection. The renewal process involves filing a renewal application with the United States Patent and Trademark Office (USPTO) and paying a renewal fee.

In other jurisdictions, such as the European Union, the renewal period is every 10 years as well. However, some countries, such as Australia and Canada, require renewal every 15 years. It is important to check the laws and regulations of the specific jurisdiction in which a trademark is registered to determine the renewal period.

It is important for businesses to keep track of the renewal period for their trademarks, as failure to renew a trademark can result in loss of protection. In some cases, a grace period may be available, but if the trademark is not renewed within the grace period, it may be subject to cancellation or abandonment.

In addition to the renewal process, it is important for businesses to monitor the use of their trademarks to ensure that they are not being infringed upon. If a trademark is not being used or is being used improperly, it may be subject to cancellation or abandonment.

In conclusion, a trademark must be renewed periodically in order to maintain its protection. The renewal period varies depending on the jurisdiction in which the trademark was registered, but is typically every 10 or 15 years. It is important for businesses to keep track of the renewal period and to monitor the use of their trademarks to ensure that they are not being infringed upon. By taking these steps, businesses can protect their brand identity and maintain the value of their trademarks for years to come.

The registered trademark symbol (®) is an important symbol for businesses to use when protecting their brand identity. It is a legal symbol that indicates that a particular brand name, logo, or slogan has been registered with the appropriate government agency, and is protected by law. Knowing how to type the registered trademark symbol and when to use it is important for businesses of all sizes.

To type the registered trademark symbol, there are a few different methods depending on the device or software being used:

• On a Windows computer, hold down the Alt key and type 0174 on the numeric keypad.
• On a Mac computer, hold down the Option key and press the R key.
• On an iPhone or iPad, tap and hold the letter R on the keyboard, and select the registered trademark symbol from the pop-up menu.
• On an Android device, tap and hold the letter R on the keyboard, and select the registered trademark symbol from the pop-up menu.
• In Microsoft Word or other text editing software, the registered trademark symbol can be found under the Insert tab, in the Symbols section.

When should you use the registered trademark symbol? The symbol should be used whenever a brand name, logo, or slogan has been registered with the appropriate government agency. It is a signal to others that the brand is protected by law and cannot be used without permission. Using the symbol also helps to prevent others from claiming that they were not aware that the brand was registered.

It is important to note that the registered trademark symbol should only be used for marks that have been officially registered with the government. If a business is in the process of registering a mark, they should not use the symbol until the registration process is complete. Additionally, the symbol should not be used for marks that are not eligible for registration, such as descriptive or generic terms.

To summarize, understanding how to type the registered trademark symbol and when to use it is crucial for businesses that want to protect their brand identity. It is important to use the symbol only for marks that have been officially registered with the government and to avoid using it for marks that are not eligible for registration. By using the registered trademark symbol correctly, businesses can safeguard their intellectual property and prevent others from using their brand identity without permission.

Trademarks are essential assets for businesses, protecting unique identifying features of products and services that set them apart from others in the market. However, one question that often comes up for entrepreneurs and business owners is whether they can trademark an idea.

The short answer is no. Trademarks protect specific names, logos, and symbols used in commerce to identify a product or service. They do not protect ideas, concepts, or inventions themselves.

To obtain a trademark, the name, logo, or symbol must be used in commerce to identify and distinguish a product or service from others in the market. The trademark must also be unique and not similar to any other trademark already registered.

Trademark law does not protect mere ideas or concepts, as these are not specific to a particular product or service. Ideas and concepts can be protected through other forms of intellectual property, such as patents and copyrights.

Patents protect inventions, including new products or processes, and give the inventor exclusive rights to use and license the invention for a limited period of time. Copyrights protect original works of authorship, such as books, music, and art, giving the owner exclusive rights to reproduce, distribute, and display the work.

In conclusion, trademarks protect specific names, logos, and symbols used in commerce to identify and distinguish a product or service. They do not protect ideas, concepts, or inventions themselves. To protect an idea or invention, entrepreneurs and business owners should consider other forms of intellectual property protection, such as patents and copyrights. It is important to consult with an attorney to determine the appropriate type of intellectual property protection for your idea or invention.

Trademarks are important legal tools that help businesses protect their brand identity and prevent others from using their intellectual property without permission. Trademarks can be registered for a wide range of assets, including logos, names, slogans, and even sounds. However, can a suggestive use of an ordinary word be trademarked? The answer is yes, but it depends on the circumstances.

Trademarks are intended to protect distinctive marks that help consumers identify the source of goods or services. A suggestive use of an ordinary word can be trademarked if it is unique enough to create a distinctive impression in the minds of consumers. For example, the word "Apple" is an ordinary word, but when used in the context of computers and technology, it is suggestive and has become a distinctive trademark of Apple Inc.

Similarly, the word "Amazon" is an ordinary word that refers to a geographic region, but when used in the context of an online marketplace, it is suggestive and has become a distinctive trademark of Amazon.com, Inc. The key is that the suggestive use of an ordinary word must be unique enough to create a distinctive impression in the minds of consumers and must be used consistently over time to establish brand identity.

However, not all suggestive uses of ordinary words can be trademarked. If the use of the ordinary word is too generic or descriptive, it may not be unique enough to create a distinctive impression. For example, the word "Sun" is an ordinary word that is often used to describe warmth and light, but it is not distinctive enough to be trademarked for a company that sells sunglasses.

In addition, if the suggestive use of an ordinary word is likely to cause confusion with an existing trademark or is too similar to a generic term, it may not be eligible for trademark protection. For example, the word "iWatch" may be suggestive of a watch that is integrated with technology, but it is too similar to the existing trademark "Apple Watch" and would likely cause confusion among consumers.

The suggestive use of an ordinary word can be trademarked if it is unique enough to create a distinctive impression in the minds of consumers and is used consistently over time to establish brand identity. However, it is important to remember that not all suggestive uses of ordinary words are eligible for trademark protection, and each case must be evaluated on its own merits. It is important for businesses to work with experienced trademark attorneys to ensure that their trademarks are properly registered and protected.

Trademarks are valuable assets for businesses as they protect the unique identifying features of products and services. A trademark can be a name, symbol, logo, or design that sets a business apart from others in the market. One question that often comes up for trademark owners is whether trademarks expire.

Unlike patents, trademarks do not expire as long as they are used in commerce and the registration is maintained. Trademarks can last indefinitely, as long as they are renewed periodically and continue to be used in commerce.

The initial registration of a trademark with the United States Patent and Trademark Office (USPTO) lasts for ten years. After the initial ten-year period, trademark owners must file a renewal application with the USPTO to maintain their registration. If the renewal application is approved, the trademark registration will be renewed for another ten years.

Trademark owners must use their trademarks in commerce to maintain their registration. If a trademark is not used in commerce for a certain period of time, it can be considered "abandoned," and the registration can be canceled. The amount of time a trademark can go unused before it is considered abandoned varies depending on the circumstances and the jurisdiction in which the trademark is registered.

It is important for trademark owners to monitor their trademarks to ensure they are being used properly and to prevent unauthorized use. Infringement of a trademark can result in legal action, which can be costly and time-consuming. By monitoring their trademarks, owners can identify potential infringers and take action to protect their intellectual property.

In conclusion, trademarks do not expire as long as they are used in commerce and the registration is maintained. Trademark owners must renew their registration every ten years and use their trademark in commerce to prevent it from being considered abandoned. It is important for trademark owners to monitor their trademarks and take action against potential infringers to protect their intellectual property rights.

In the modern world of social media, hashtags are some of the most powerful indexing tools for tech users to find and access information. With hashtags, users can easily find similar categories of postings (i.e., pictures) on the platform they are searching with.   By including hashtags unique to one’s brand, business owners can improve brand recognition and increase the popularity of the product amongst consumers. Given the tremendous potential benefit that hashtags may yield, you may be wondering if you can file a trademark for a hashtag?   In short, although “a #hashtag alone is a generic symbol with no source-identifying significance, used in conjunction with a product name or campaign tagline it may function in the same way as a trademark and be registerable as such.” (1)   To understand what hashtags can and cannot be trademarked, it is important to first understand the primary function of a trademark. A trademark “is a sign that is capable of distinguishing the goods and services of one company from those of another.” (1) Therefore, a hashtag which cannot distinguish a company’s goods and services would likely not be registrable as a trademark. For example, it is unlikely that the technology company, Apple could obtain a trademark for the hashtag #tablet because such a hashtag would not allow a consumer to distinguish between an iPad Tablet, a Samsung Tablet, or a Kindle tablet. However, Apple could obtain a trademark for #IPad, because such a trademark would allow to a consumer to distinguish an iPad from other tablets.   In addition to unique product names, companies can also obtain hashtags for trademarks pertaining to social media campaigns used to promote their goods. For example, Nike obtained a trademark for their ad campaign #makeitcount. (1) This trademark is permissible because consumers associate the ad campaign directly with the Nike brand and not with other athletic-wear brands.   One important question is can you be sued for trademark infringement if you make a social media post including a trademarked hashtag? In general, so long as you are not impersonating the brand which trademarked the hashtag and are using it to promote “the intended social media message” you will not be held liable for trademark infringement. As an example, say John is making a social media post about his new Nike shoes. If John posts a picture of his shoes to his Instagram page “NIKEMAX” with the hashtag #makeitcount, he could potentially be liable for trademark infringement. If John posts a picture of his shoes to his Instagram page “John.Smith” with the hashtag #makeitcount, John will not be found liable for trademark infringement.   In summary, a hashtag can be a powerful tool for brand recognition in the social media change and can be patented if certain criteria are met. https://www.wipo.int/wipo_magazine/en/2017/05/ article_0009.html#:~:text=Guidance%20from%20the% 20United%20States,the%20applicant's%20goods%20or% 20services.%E2%80%9D   If you are a startup, small business, or a solo-inventor looking for a high quality & affordable patent or trademark, you've found the right place. Miller IP Law offers transparent and affordable options specifically designed for your business goals. Grab a strategy meeting to kick things off!

About the Firm... Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest. Top Blog Articles 1. Cheapest Way To Get A Patent 2. How Long Does It Take To Get A Trademark? 3. Why Are Patents Important? Want to chat more about this topic, or got a burning question? Take advantage of instant chat and send us a direct message   Find Us On LinkedIn

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Miller IP Law is a group of attorney's, based out of Mountain Green, Utah, who are excited to help you build your business and further innovate market places and economies. Please consider looking at our services, billed at flat rate, and be sure to grab a free strategy session to meet with us!

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In short, a trademark is valid for the duration it is used in commerce (see description below for description of what is considered used in commerce).   A trademark refers to “any word, phrase, symbol, design, or a combination of these things” that can be used to identify goods and services. (1). By providing a means for identification, a trademark grants the owner the rights “to how that word or phrase is used with [their] specific goods or services.” (1).   A trademark can be either non-registered or registered. For non-registered trademarks, a person becomes the owner of a trademark as soon as they start using the trademark with their goods and services, without submitting any documents to the United States Patent and Trademark Office (USPTO). (1). A non-registered trademark grants the owner limited rights that are limited to the geographic area in which the goods and services are provided (1). In contrast, a registered trademark, obtained by submitting an application to the USPTO, grants the owner broad nationwide rights in protecting the use of their trademark. (1).   Trademarks are unique, as compared to patents and copyrights, as they “do not expire after a set period of time.” (2). So long as the trademark is used in commerce and is defended against infringers, the trademark is valid. A trademark is considered used in commerce if it is used “in the ordinary course of trade, and not made merely to reserve a right in a mark.” (3). Although, there exists no clear rule to determine whether a trademark is used in commerce a trademark will be considered used in commerce if “the mark is placed on the goods, on the container of the goods, displays associated with the goods, or on the tags or labels.” (4).   Importantly, for the trademark to remain valid, the owner must take several steps throughout its life to maintain it. First, between five and six years after the trademark is registered, the owner must submit a declaration to the USPTO showing either that the trademark is currently being used in commerce or is not in use due to excusable circumstances. (4). Second, ten years after the trademark is registered, and every ten years following, the owner must submit 1) “photographic evidence of a product, using the trademark available for sale,” and 2) a declaration that the product is used in commerce. So long as the owner of a registered trademark takes these necessary steps to secure it, the rights associated with it will be maintained.   Sources https://www.uspto.gov/trademarks/basics/what-trademark https://www.legalzoom.com/articles/how-long-does-a-trademark-last https://tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-900d1e7.html https://www.ny-trademark-lawyer.com/for-the-purposes-of-trademark-law-what-is-use-in-commerce.html https://www.uspto.gov/trademarks/maintain/keeping-your-registration-alive If you are a startup, small business, or a solo-inventor looking for a high quality & affordable patent or trademark, you've found the right place. Miller IP Law offers transparent and affordable options specifically designed for your business goals. Grab a strategy meeting to kick things off!

About the Firm... Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest. Top Blog Articles 1. Cheapest Way To Get A Patent 2. How Long Does It Take To Get A Trademark? 3. Why Are Patents Important? Want to chat more about this topic, or got a burning question? Take advantage of instant chat and send us a direct message   Find Us On LinkedIn

About Our Firm…

Miller IP Law is a group of attorney's, based out of Mountain Green, Utah, who are excited to help you build your business and further innovate market places and economies. Please consider looking at our services, billed at flat rate, and be sure to grab a free strategy session to meet with us!

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As a startup or small business, you always have more things to spend money on than money to spend. It’s thus smart to save where you can to keep your business moving forward. If you are looking to save money while applying for a trademark, this post is for you. Here we will cover the cheapest ways you can use to file a trademark and how much it will cost you. But before we get started, let’s first take a quick look at what trademarks are and what they are used for. What is a trademark? A trademark is a type of intellectual property that allows a company to protect its brand by protecting elements that identify its products or services. Trademarks are often used to protect items such as the name of your business, a product name, a logo, or a catchphrase. What’s the cheapest way to get a trademark? Apply yourself The cheapest way to file for a trademark is simply to do it yourself. You can start by searching for the United States Patent and Trademark Office's State (USPTO) website. Then file out the online forms and pay their fees. The process will cost you 300usd. There are videos on YouTube you can watch in case you need help during the process.     While it is certainly cheap, it is not always the best to approach a trademark application, especially if you haven’t done it before. There is a lot that could go wrong and one simple mistake can cost you hundreds or thousands to fix. So this takes us to our second point;   2) Using DIY services from legal websites Using DIY services from legal sites such as Snap Legal, Rocket Lawyer, and Millar IP Law is the second cheapest way to file for a trademark.  Our DIY trademark services are competitive in terms of cost and are detailed enough to guide you through the application process. This will ensure that you’ll only have to pay 100 dollars more when filing your trademark application.   DIY services, however, are not meant to be a replacement for a lawyer but are a far better option than simply googling your way through a trademark application. If you get it right using DIY services you increase your odds of having a more valuable trademark. But, if you get it wrong, you can end up making a costly mistake when applying for the trademark.   3) Hire an attorney at a smaller law firm The third and best way to get a cheap trademark is to hire a solo attorney or a small law firm. Most solo attorneys or small law firms will often charge less compared to big law firms. This is because they don’t have high overhead costs and are generally looking to serve more clients and grow their businesses. When choosing a solo attorney or a small law firm, it is important to ensure they are experienced in IP law. Do a bit of homework to ensure they have been filing trademarks for a while before using their services.    Conclusion While DIY services are a cheap way to file for a trademark application, there is a lot that could go wrong- especially if you are new to the process. We recommend choosing a solo attorney or an attorney at a smaller law firm if you are looking to save some money when acquiring a trademark for your brand. If you have any questions on trademark applications, reach out to us at Millar IP Law, and we will be happy to help you out. Otherwise, good luck with your business.  If you are a startup, small business, or a solo-inventor looking for a high quality & affordable patent or trademark, you've found the right place. Miller IP Law offers transparent and affordable options specifically designed for your business goals. Grab a strategy meeting to kick things off!

About the Firm... Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest. Top Blog Articles 1. Cheapest Way To Get A Patent 2. How Long Does It Take To Get A Trademark? 3. Why Are Patents Important? Want to chat more about this topic, or got a burning question? Take advantage of instant chat and send us a direct message   Find Us On LinkedIn

About Our Firm…

Miller IP Law is a group of attorney's, based out of Mountain Green, Utah, who are excited to help you build your business and further innovate market places and economies. Please consider looking at our services, billed at flat rate, and be sure to grab a free strategy session to meet with us!

Start Your Journey

Get weekly stories and information about protecting intellectual property with our e-mail Newsletter today!

Flat Fee Pricing

Straightforward for Patents and Trademarks

Today, companies, brands, and business owners count on social media platforms as an effective way to spread their word, reach more customers and connect with fans. However, as the number of businesses and brands participating on these platforms continues to rise, so too does the possibility of copy-cats and copyright infringement occurring. Whether you use social media to run ads, connect with your customers on Facebook, or share updates on through tweets it is important to stay vigilant in protecting your brand and intellectual property online. Social media threats: Why should you be concerned? While IP theft might seem like something only big brands should be worried about, the reality is, if you are serious about using social media to grow your business you’ll want to protect yourself against copycats and counterfeit activity. Through impersonation, there are many ways online users can misrepresent or hurt your brand. The simplest encounter is through look-a-like accounts that offer similar services or goods intending to profit from your brand. Online users might also create parody accounts that share misinformation or present your brand in a bad light. How do you protect your brand on social media? If you see evidence of copycats or infringement of your content the first thing to do is to notify the social media platform. All major social sites such as Facebook, Instagram, and Twitter have their unique policies on trademarks and copyright issues. Simply notifying the social media platform, in most cases, is enough for the site to shut down the page that is infringing your trademark. On Twitter, for example, if you spot an account that violates your trademark you can issue a “takedown notice” by reporting specific tweets to Twitter for violation. However, if you are unable to reach a satisfactory resolution with the platform then you might want to file for a trademark. Using trademark to protect your social media platform To register a trademark for your social media user name, there are a few perquisites you’ll need to meet. One, your account or content should be tied to a product or a service. If you are sharing information or content merely for entertainment but you are not offering any service or product then you’ll have a hard time securing a trademark for your brand. Second, your username, hashtags, slogan, or any other words or phrases you want to protect should be original and distinct enough to only identify your products or services. This will ensure that the words you are filing a trademark for do not confuse customers or get mistaken for other brands. Protecting your brand online using trademarks is the best way to keep other users from infringement issues. If you are uncertain whether your activity online qualifies for trademark protection in the eyes of USPTO you can always consult an IP lawyer to help you out. Final word Social media is a great tool for growing your brand and reaching potential customers, but if you are not too careful it could be the cause of your downfall. To stay safe, ensure that you take the necessary steps to avoid infringement of your content and brand name. You can always reach out to Millar IP Law if you have any questions about social media content infringement, and we’ll be glad to help you out. Otherwise, good luck with your business. If you are a startup, small business, or a solo-inventor looking for a high quality & affordable patent or trademark, you've found the right place. Miller IP Law offers transparent and affordable options specifically designed for your business goals. Grab a strategy meeting to kick things off!

About the Firm... Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest. Top Blog Articles 1. Cheapest Way To Get A Patent 2. How Long Does It Take To Get A Trademark? 3. Why Are Patents Important? Want to chat more about this topic, or got a burning question? Take advantage of instant chat and send us a direct message   Find Us On LinkedIn

About Our Firm…

Miller IP Law is a group of attorney's, based out of Mountain Green, Utah, who are excited to help you build your business and further innovate market places and economies. Please consider looking at our services, billed at flat rate, and be sure to grab a free strategy session to meet with us!

Start Your Journey

Get weekly stories and information about protecting intellectual property with our e-mail Newsletter today!

Flat Fee Pricing

Straightforward for Patents and Trademarks

You worked so hard on the design of your new products. You even filed a trademark to ensure that it is well protected and no one copies it. But inadvertently, you miss a deadline and your trademark falls into the “abandoned” or “dead” status. What do you do now? Well if your trademark application has fallen into the “abandoned” or “dead status” you have two main options to revive it. But before we delve deep into these options let's first look at what causes a trademark to die. Why do trademarks get abandoned or die? Often trademarks are abandoned because the application did not mature to a full registration. Whether it was because the applicant simply forgot, abandoned the process or it was similar to an existing trademark. Another reason that causes trademarks to become dead is failure to renew the trademark. Trademarks are required to be renewed before certain dates by the USPTO. Failure to renew your trademark in time could result in an abandoned trademark. So what are your options if your trademark is dead or abandoned? Reviving a dead trademark Refile the trademark application In the event your trademark was abandoned you can always start the process over again by refiling the trademark. Refiling your trademark will require you to pay the processing fees again as if you are doing it for the first time. In case anyone filed a trademark application similar to yours before you refile it then they’ll now have the senior place and they can box you out. Filing a trademark revival Most trademark applications usually give you about six months to respond to any of the correspondence you have with the trademark office. If you miss that you have two months to file the trademark revival. A trademark revival is simply an application to say that yes, the application went abandoned but it was not intentional. You’ll be required to pay some additional fees when reviving the trademark. However, you still have to respond to the original rejection or do everything that was required before hand when filing the application. Therefore, if you happen to miss the deadline and you are still within the two months period within when the deadline occurred, you can pay the additional fees and get a chance to keep your trademark application going.   Wrapping up If your trademark is “abandoned” or “dead” you still have a chance to revive it and continue with the application process. You can always refile it or file a trademark revival if you are within 2 months of the Notice of Abandonment. If you have any question concerning abandoned or dead trademarks, you can always reach out to us at IP Millar law. We will be happy to talk and strategize with you. Otherwise, good luck with your business.  Got a question about IP and patent law? Reach out to us here at Millar IP Law and we’ll be happy to help you out!  If you are a startup, small business, or a solo-inventor looking for a high quality & affordable patent or trademark, you've found the right place. Miller IP Law offers transparent and affordable options specifically designed for your business goals. Grab a strategy meeting to kick things off!

About the Firm... Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest. Top Blog Articles 1. Cheapest Way To Get A Patent 2. How Long Does It Take To Get A Trademark? 3. Why Are Patents Important? Want to chat more about this topic, or got a burning question? Take advantage of instant chat and send us a direct message   Find Us On LinkedIn

About Our Firm…

Miller IP Law is a group of attorney's, based out of Mountain Green, Utah, who are excited to help you build your business and further innovate market places and economies. Please consider looking at our services, billed at flat rate, and be sure to grab a free strategy session to meet with us!

Start Your Journey

Get weekly stories and information about protecting intellectual property with our e-mail Newsletter today!

Flat Fee Pricing

Straightforward for Patents and Trademarks