Trademarks

The intellectual property attorneys at Cislo & Thomas LLP can assist you in all aspects of your Trademark, including:

  • Trademark availability investigations, including common law usage;
  • Trademark application preparation and prosecution for both the United States (federal and state) and internationally (European community and individual country specific);
  • Maintenance and renewal services (domestic and foreign);
  • Competitive trademark tracking services;
  • Trademark portfolio management;
  • Trademark infringement investigation and protection; and
  • Trademark licensing.

Below you will find links to laws and rules relevant to obtaining, defending, and opposing trademarks and domain names, as well as procedures for filing applications in the United States:

FEDERAL LAW: 

Federal Trademark Classifications – Prescribed lists of goods and services to be used in filing trademark applications.

Trademark Statutes (15 U.S.C. 1051 et seq.) – United States Statutes passed by Congress on Trademarks.

Trademark Rules (C.F.R.) – Rules Promulgated by the U.S. Patent & Trademark Office pertaining to the filing and prosecution of trademarks.

Trademark Office Filing Fees – Current government fees for the U.S. Patent and Trademark Office.

Trademark Manual of Procedure (TMEP) – The manual used by the Trademark Office describing the various procedures for handling trademark matters, including filing, maintenance, oppositions and cancellation proceedings.

File U.S. Trademark Applications – Prepare and file trademark applications online through the U.S. Trademark Office. Caution should be used, as seemingly simple questions and answers required upon filing may have significant and unexpected negative results concerning any future trademark protection. A Trademark specialist should always be consulted before and during filing to ensure the correct kind of protection is procured.

USPTO Certified Copy Center – Trademark – USPTO online purchase platform for paper trademark document copies.

Trademark Manual of Identification and Classification of Goods and Services – Contains a listing of acceptable identifications of goods and services.

Madrid Protocol Filing Specifics – USPTO information concerning filing requirements, fees and schedules for filing Madrid Protocol from the U.S. and into the U.S.

Madrid Protocol – Classifications for trademark applications filed under the Madrid Protocol

STATE LAW: 

State Trademark Application Info & Forms – State system parallel application rules and application forms.

California Trademark Application Forms – Application renewal and assignment forms, including original application forms for trademarks and service marks in California.

California Trademark Online Filing – California Secretary of State’s online filing service for registration of your Trademark or Service Mark.

Other State Trademark Application Forms – For states other than California.

TTAB: 

Trademark Trial and Appeal Board Manual of Procedure (TBMP) – for handling all matters before the Trademark Trial and Appeal Board where appeals from the Trademark Office are handled.

Trademark Trial And Appeal Board (TTAB) Procedures – The rules for handling appeals and oppositions/cancellations of U.S. trademark applications and registrations.

TTAB Trial Practice Guide– A practicing guide for handling appeals and oppositions/cancellations in front of the TTAB.

USPTO Trademark Decisions and Proceedings– Trademark Expungement/Reexamination Proceedings from the USPTO.

Decisions of the USPTO Trademark Trial and Appeal Board

View TTAB Proceedings – Online access to TTAB proceedings and documents filed with the TTAB.

File TTAB Documents Online – Submit documents electronically to TTAB.

DBA AND FICTITIOUS BUSINESS NAME INFORMATION: 

DBAStore.com Homepage – Our favorite DBA filing service associated with the Los Angeles Daily Journal

DBAStore.com DBA Name Search – Search Availability of a DBA in any county in California

Los Angeles County Registrar-Recorder/County Clerk DBA Search – Search Availability of a DBA in the Los Angeles County

Los Angeles County Registrar-Recorder/County Clerk Business Filing and Registration – Search General Information on Filing for a DBA

Spotting Counterfeits: 

U.S. Customs Registration of Trademark – Once a trademark is registered with the U.S. Trademark Office, it can recorded at U.S. Customs and entered into the database of trademarks which is checked against imported goods. Customs will notify the registered trademark owner of incoming goods bearing the trademark when they are discovered.

U.S. Customs Recordation Database Information—See intellectual property recorded at the U.S. Customs Offices used to enforce intellectual property rights against infringing imports.

U.S. Customs and Intellectual Property Rights e-Recordation – Register your trademark with the U.S. Customs and Border Protection to protect yourself from counterfeits products.

IPR Center –  A convenient forum to educate its customers and constituents concerning the dangers and consequences of purchasing counterfeit products.

Stop Fakes –  Up to date news and training on protecting against counterfeit and infringing products and trademarks.

MISCELLANEOUS: 

General Trademark Information(Wikipedia) – Wikipedia page on trademarks.

Trademark Official Gazette (TMOG)– Contains information for each trademark published, opposed, cancelled, or renewed.

INTA Trademark Resources – Materials for preparing trademark applications in the U.S. and abroad.

Fastener Quality Act (FQA) – This provides a way to register fastener designations and protect them against infringement and counterfeiting. Use the form provided for Federal Fastener Protection Act Registration to record fastener insignias or see the existing list of protected insignias.

Google AdWords Trademark Complaint Form – Google’s policy is to allow registered trademark owners to restrict the use of trademarks in certain paid banner advertising. Filing such a complaint can block certain use of your trademarks by third parties.

Facebook Notice of Intellectual Property Infringement (Non-Copyright Claim) – Follow these procedures to notify Facebook of any Trademark or other Intellectual Property infringement and have the infringing material removed from Facebook pages.

Trademark Assignment Template – Use this trademark assignment document as a starting point to consider issues to be addressed in the assignment of a trademark application or the complete transfer of your rights to a third party assignee.

Trademark License Agreement Template – Use this licensing agreement document as a starting point in considering the issues involved in licensing a pending U.S. trademark application or registered trademark to a third party licensee (in which the licensor retains ownership of the patent rights).

Anti-cybersquatting Statute (15 U.S.C. 1125(d)) – Prevents cyber-squatting on trademarks or a person’s name.

Tennessee – Roadmap to the Right of Publicity