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Getting a Trademark Step-by-Step

By Chuck Knull Select a trademark for your product or service. Be prepared by having more than one mark that you like. A mark that is coined is a much stronger mark than one that describes. There is a lot that goes into selecting a good mark. . Knock Out search for similar trademarks.  Trademark law protects against “confusingly similar” marks. So if you have selected CLEANE as your mark for soap, if there is a mark KLEAN or CLEAN on the market, you would be infringing if you use CLEANE. We perform  “knock out” searches by checking the records at the U.S. Patent and Trademark Office.  It takes some time and we have a flat fee charge of $400 for such a search.  Such a search should tell if there is no exact match for the mark on file at the USPTO, but the USPTO database has its flaws, and [...]

By | 2018-01-18T09:49:34+00:00 April 21st, 2014|Categories: |Tags: , , , , |Comments Off on Getting a Trademark Step-by-Step

A COLA is Not a Trademark

By Chuck Knull Before a brewer, winemaker or a distiller can put its product into kegs, cask, bottles, cans or boxes, the labels that it will stick on the packaging (including labels on imported product)  must be approved by the Alcohol and Tobacco Tax and Trade Bureau (TTB). The approval is called a Certificate of Label Approval (COLA).   Many brewers, winemakers, distillers, and importers mistakenly believe that the COLA has the same or similar importance to a U.S. trademark registration in terms of securing brand protection and/or clearing them from infringing other people's trademark rights.  They couldn't be more wrong. When the TTB looks at COLA applications, one of the things it reviews is the brand name, i.e., the trademark.  If there is an exact match for the brand name for already approved product by another then the COLA may be denied. That is, if the TTB, which examines [...]

By | 2017-10-06T17:00:27+00:00 November 19th, 2013|Categories: |Tags: , , , , |Comments Off on A COLA is Not a Trademark