Stillwater Trademark Attorneys & Lawyers

Updated November 18, 2020:

What Is a Trademark Specimen?

A trademark specimen is a sample of how the company and the trademark holder use the mark. The United States Patent and Trademark Office accepts different formats into evidence. In the case of products, specimens can be labels and packaging, a logo displayed on the product itself, etc. In the case of services, brochures, flyers, and advertisements can be submitted as trademark specimens.

The main purpose of submitting a trademark specimen is to prove that the logo or trademark is associated with the product or service. Specimens have to be submitted to and registered with the Principal Register of the United States Trademark Office to show how the mark connects to the service or product.

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What Are Incontestable Trademarks?

Incontestable trademarks are trademarks that under normal circumstances are immune from being challenged. To be declared incontestable, a trademark must not have been acquired fraudulently, and must have been in consistent use for five consecutive years. At this point, the trademark owner can file a Declaration of Incontestability under the Lanham Act, Section 15 between the fifth and sixth anniversary of registering the trademark.

What Is a Section 15?

A Section 15 is simply a sworn statement you file which is placed on the Principal Register and declares your rights on the mark to be incontestable. Not only is it recommended that

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For many startups, legal issues are often the last to be dealt with. For one thing, legal issues require the involvement of lawyer. And who wants to deal with them? Lawyers can be both intimidating and expensive. The fact is, however, that some legal issues can’t wait. Trademarking your company name is a good example. In reality, trademarking the name of your company is a fairly easy and inexpensive step that you can take to start protecting your company and its intellectual property (IP). This article will attempt to put some of your concerns about the legal issues of trademarking your company name to rest.

Company Name vs. Trademark

The first thing to understand is that there is difference between registering your company’s name and filing for a trademark. Registering your

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What is Keyword Advertising Trademark Infringement?

Keyword advertising trademark infringement occurs when online search engine companies sell trademarked words and phrases to competitors of the trademark owner. Keyword advertising trademark infringement is a relatively new concept since search engines have become more widely used in the last decade.

Trademark owners are unhappy with this practice because they believe it leads to confusion among consumers. When consumers search for keywords that fall under the trademark, they see those exact words on websites that don't relate to the actual product or brand. This also increases the time it takes to find the right product or service from the company that holds the trademark.

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Updated October 27, 2020:

What Is Trademark Licensing?

Trademark licensing is the process by which a registered trademark owner, called a licensor or proprietor, allows another party, called a licensee, to make and distribute specific products or services under the licensor's trademark agreement. Trademark licensing is a type of merchandise agreement.

The licensor receives a certain amount of money or royalties, a percentage of all sales, in exchange for sharing the trademark. This compensation is also called consideration. Fashion and consumer products concerned with sports and entertainment are often sold under a trademark licensing agreement.

The licensee usually creates a trademark licensing agreement, but a licensor can also

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