Under United States Law you can establish rights in a trademark simply by using it. However, owning a federal trademark registration on the Principal Register provides several key advantages: Constructive notice to the public of your ownership of the trademark Your...
Why do you conduct a trademark clearance search? Because you should know before you invest all the time and money to develop a product or service if your new brand or service is already being called the same thing as you. A simple search of the USPTO trademark...
It depends. The old adage, “If it’s too good to be true it probably is” comes to mind. More often than not, if you see advertisements for trademark services offering rock bottom fees for clearance searches and registration work the person or company offering the...
Many of my clients ask me what they should do when first creating a brand. The very first thing you want to do is to search for the proposed brand name on Google or some other search engine to see if someone else is already using it for the same types of products or...
Are you receiving phone calls from customers confused into thinking that your company is someone else? Are you receiving e-mails from customers about products you do not carry? These are the telltale signs that someone else may be using a confusingly similar...
The first thing you should do is don’t panic. Contact Bernstein IP. Once retained, we will review the letter and draft a response letter, if it is determined that your case has merit. Our firm will charge a flat fee to respond to the cease and desist letter. Any...