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Ian Donald Titley

Ian Titley’s Legal Guides

9 total

  • I Did a Trademark Search and My Trademark is Taken

    So you've done a trademark search and it looks like your trademark is taken - what do you do next? First make sure you get a trademark attorney to backup your search. There are a number of reasons why what appears to be a dead end might only be an obstacle. Some examples include:...

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  • Is My Trademark Available?

    That is a great question which is better to ask before you invest a lot of time and effort in the name, but often isn't asked until after the investment has been made. Lots of factors affect whether your trademark is available. If your name is generic (e.g. "The Grocery Store" fo...

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  • Can I Trademark My Family Name?

    You can, but it is not easy. US federal Trademark Law is covered by the Lanham Act. Section 2(e) says trademarks which are primarily merely a surname are not registerable. To get around this you need to show the trademark you are applying for is not recognized primarily as a su...

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  • The 5 Phases of the Trademark Registration Process

    Phase 1 - Trademark Selection and Search This phase often requires the most work. A strong trademark is unique, distinct, and consumers understand that goods or services provided under that mark have a consistent quality. Not every name can be a trademark. There are exceptions, ...

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  • How Long Does it Take to Get a Trademark?

    Federal We are seeing well prepared applications get through the federal Trademark Office in less than a year. By knowing the usual issues raised by the Trademark Office and filing the application with those in mind we are often able to help speed up the process. The Trademark ...

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  • What is the Trademark Office Supplemental Register?

    Sometimes the Trademark Office rejects an application saying the mark is too descriptive, yet they also say you could register the mark on the Supplemental Register. Sounds like double talk. Whats going on? (This often happens to applications to register family names, geographic...

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  • Someone is using my Trademark

    Before concluding whether youve got a problem we need to know more information. Trademark infringement only occurs if it is likely consumers will be confused into thinking there is a connection between the source of the goods or services. For example, Delta Airlines and Delta Fau...

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  • How do I get a Trademark?

    The US Patent and Trademark Office issues federal trademark registrations. There are many benefits to federally registering your trademarks, but you actually get trademark rights from using the trademark. Even the US Trademark Office wont register your trademark if youve never us...

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  • Should I Trademark My Business Name?

    Registering your business name as a trademark is important, but not urgent. Save money by registering it before it is urgent. When you get a federal trademark you make it: 1) easier to prove you own the name when the time comes to enforce your rights; 2) harder for others to cha...

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