Hartmans Law

Brand Innovation Blog

Hartmans Law articles on branding and trademark law.

Avoid Two Common Reasons for Trademark Rejection

Two common reasons for trademark application rejection to avoid with careful planning. Conflict with Prior Registration – Likelihood of Confusion One common reason that US trademark applications are rejected by the USPTO is a conflict with a prior trademark registration. This is a so called 2(D) refusal. A conflict exists if the application is “likely…
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Should I Trademark My Clothing Brand?

Should You Register Your Clothing Brand as a Trademark? Yes, it probably makes sense to register your clothing brand as a trademark. The fashion industry is crowded and filled with imitation. We think of two reasons to register a trademark, generally. Defensive registration is about getting on the registry before another company. This defends against…
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How to Trademark a Catchphrase

Can You Trademark a Catchphrase? Yes. You can register a catchphrase as a trademark with the United States Patent and Trademark Office (the “USPTO”). To do so, the trademark application must meet the general requirements for trademark registration. A catchphrase is “a well-known sentence or phrase, especially one that is associated with a particular famous…
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Trademark Screening: Do I need it? How much does it cost?

What is Trademark Screening and Do You Need It? Trademark Screening is a clearance search to determine if a candidate trademark is available. It addresses two avoidable issues. First, we want to know whether the USPTO will rejected an application to register the trademark because of a prior registration of the same trademark, or a…
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Trademark Symbol

When to Use the Registered Trademark Symbol ®, TM Symbol, and SM Symbol Circle R ® Symbol The registered trademark symbol ® can be used if a trademark is registered with the appropriate government agency. In the United States, the appropriate agency is the US Patent and Trademark Office (“USPTO”). State trademark registration does not…
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Trademark Registration Requirements for Amazon Brand Registry

The Amazon marketplace is more than a platform for Amazon to sell goods. It’s also a place where third-party retailers can sell their products to the e-commerce giant’s captive audience. The system works well. Sellers get access to a broad audience for their products, and fulfilment of orders. Amazon takes a commission from each sale….
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Trademark Registration Does Not Halt the Trademark Rights of Prior Users

Federal registration of a trademark does not halt the rights of a prior user of an unregistered trademark. Trademark rights are generally acquired from the use of a mark, not from registration. What Can the Prior User of an Unregistered Trademark Do to the Owner of a Registered Trademark (or Application)? The prior user of…
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Trademark Attorney Near Orange County, California

Registering a trademark can increase the value of your business and protect your firm from competitors. Of course, you will need to ensure that your Federal trademark registration is accepted, which is not automatic. Trademark attorneys near Orange County can help with the process of trademark registration. What is a trademark?  A trademark can be…
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Trademark Attorney Near Culver City, California

When you’re operating a business in Culver City or the surrounding areas, you will need local attorneys to give you sound advice. Working with a trademark attorney near Culver City can be worthwhile because protecting your brand is a critical element of business management, and it can give you an advantage if your trademark is…
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Trademark Attorney Near San Diego, California

If you’re running a business in or around San Diego, it’s vital to consider your intellectual property. Your brand name, logo and imagery are all valuable commodities and they help your business to stand out from the crowd. Without adequate protection, you could find that other companies begin to encroach on your brand identity. By…
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