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Hartmans Law

Brand Innovation Blog

Hartmans Law articles on branding and trademark law.

Trademark Copy-Paste: How to Efficiently Use the Trademark Symbol (® and TM), and Copyright Symbol (©)

Trademark Copy-Paste: How to Efficiently Use the Trademark Symbol (® and TM), and Copyright Symbol (©) Whether you’re drafting an advertisement, designing packaging, composing an article, or creating marketing materials, it’s essential to know how to correctly use trademark (TM), registered trademark (®) and copyright (©) symbols in your text. In this article, we’ll explore…
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Sleekcraft Factors for Trademark Likelihood of Confusion

Understanding the Sleekcraft Likelihood of Confusion Factors for Trademark Infringement When it comes to trademark infringement, one of the key considerations is the “likelihood of confusion” between the two trademarks. “Likelihood of confusion” is the likelihood that consumers will be confused as to the source of the goods or services associated with the trademarks in…
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Expanding Your Brand Across Borders: The Power of International Trademark Registration

Expanding Your Brand Across Borders: The Power of International Trademark Registration In the interconnected world of global commerce, expanding your brand’s reach beyond national borders is a strategic imperative for growth. However, as your sales venture into new territories, it becomes exposed to various risks and challenges. One of the most vital aspects of this journey…
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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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