Marshalltown Intellectual Property Attorneys & Lawyers

Key Takeaways

• An arbitrary trademark uses common words or symbols with no logical connection to the goods or services sold, such as Apple for electronics or Camel for cigarettes.
• Arbitrary trademarks are considered inherently distinctive and receive strong protection under U.S. trademark law because they are unlikely to be used descriptively by others.
• They differ from fanciful, suggestive, descriptive, and generic trademarks in strength and registrability.
• The USPTO requires proof that an arbitrary mark functions as a source identifier, and legal clearance searches are critical to avoid conflicts.
• Businesses should balance distinctiveness with marketabil

...

A patent application asks the United States Patent and Trademark Office (USPTO) to grant patent rights for an invention. Filing can establish a priority date and allow you to use "patent pending," but enforceable patent rights generally begin only if the USPTO grants the patent.

Key Takeaways

• Filing an application is not the same as receiving a patent.
• Your invention must satisfy patentability requirements, and your application must separately satisfy filing and disclosure requirements.
• Utility, design, and plant patents protect different subject matter. Software is not a se

...

Key Takeaways

• Trade dress infringement involves copying the look, feel, or packaging of a product or service in a way that confuses consumers.
• Courts apply the “ordinary buyer” standard and evaluate factors like distinctiveness, similarity, and actual confusion.
• To bring a claim, trade dress must be non-functional, distinctive, or have secondary meaning, and consumer confusion must be likely.
• Defenses include functionality, lack of distinctiveness, fair use, laches, and brand name prominence.
• Remedies may involve injunctions, monetary damages, or attorney fees, with dilution claims providing additional protection.

...

How much does it cost to trademark a name? A federal online application starts at $350 for each class of goods or services, before optional attorney fees, search costs, intent-to-use filings, and future maintenance.

Key Takeaways

• The USPTO base application fee is $350 per class when you file online.
• Using a custom description of goods or services adds $200 per class.
• A separate name and logo application generally requires a filing fee for each mark and each class.
• Government application fees are not refunded if the USPTO refuses registration.
• State registration may cost less, bu

...