Trademarks do not all receive the same level of protection.  It is not a binary system where something either receives trademark protection or not.  Instead, the scope of protection a trademark receives is based on its distinctiveness.  There is a spectrum of trademark distinctiveness where each trademark falls.  A more distinctive trademark is stronger and … Read more

One frequent question I get is whether you have to have a business entity formed in order to file a trademark application.  This is an important decision that you will need to make.  You will also need to correctly identify the trademark owner if you file a trademark application with the U.S. Patent & Trademark … Read more

The U.S. Patent & Trademark Office divides all products and services into 45 “classes.”  These trademark classes are purely administrative and do not affect the rights you receive with your federal trademark registration.  They contain all of the products and services that might be offered in connection with a trademark.  Since you will be required … Read more