Why use Touchdown trademarks to register your trademark?

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Trademarks identify your products and services as distinctly belonging to your brand, distinguishing you from competitors. You can register a trademark for different types of intellectual property including your business name, product name, tagline, logo, symbol, or design. A registered trademark must be used in commerce to provide real protection against anyone who wants to copy you. Registering a trademark can be a complicated process, but 

Touchdown Trademark's guarantees a touchdown or your money back. 

 A trademark means that a business name, brand name, tagline, logo, symbol, or design is registered with the USPTO, and that its use by others is restricted. Registering a trademark is a legal process of providing protection against competitors who want to copy your branding.  

 Yes. If the aspiring owner of a trademark is not actually selling anything in conjunction with the clever name or slogan, the owner does not actually have a trademark – just a clever name or design. To obtain trademark protection, one must have first made a meaningful number of sales of the product/service under the banner of the trademark. 

To obtain a Federal Trademark from the United States Patent and Trademark Office (USPTO), one must demonstrate that he/she has made bona fide sales (what qualifies as bona fide is unfortunately not so clear) in Inter-state commerce. This means that simply selling your product within your home-state is not good enough - you must be selling it across state lines. 

Unfortunately, the USPTO has not to date provided an exact number of sales/money earned necessary to satisfy the In-Commerce requirement. Instead, the law provides that a "Bona-Fide" number of sales must have been made. Ultimately, use your judgment. A token sale of one t-shirt to a friend does not count as "Bona-Fide sales" but 100 t-shirts to multiple parties most likely would. 

 No, however, it might very well be the prudent thing to do. Conducting business without the protection of a registered trademark may render you vulnerable to a third party using and preemptively registering the trademark in the USPTO before you get a chance to file! If you are serious about your business, it is worthwhile to first register your trademark and protect your business against infringement. 

 A specimen is an illustration of how the trademark applicant is actually using the trademark in commerce. A specimen may consist of a picture of a label, tag, packaging material, etc. which bear and display the trademark. Simply, the specimen is the proof of the actualization of the "Use-In-Commerce" requirement. In the event that a trademark is used in conjunction with a service, rather than a good, permissible specimens include brochures, flyers, advertisements, etc. 

 Yes, with an Intent-To-Use trademark application. Section 1(b) of the Lanham Act, 15.U.S.C. § 1051(b) states that “…person who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in commerce may request registration of its trademark.” Once the ITU Trademark Application has been accepted and you have been issued a Notice of Allowance (NOA), you have six months to either submit your Statement of Use or file a petition to extend your submission of a Statement of Use. Each extension request will allow the applicant an additional six months to provide the Statement of Use. The applicant has the right to 5 extension requests. 

 In order to obtain a registered trademark, the trademark must be attached to a good or service that has been sold in Inter-State Commerce. What precisely does this mean? Well, in the case of goods, simply that the goods must be sold over State Lines and for services, simply that the service must be offered in multiple States. 

 Not really. A trademark is a word, logo, slogan, sound and or design that when attached to a good, enables a consumer to identify the company which produces the good. A Service Mark is a term used more specifically to refer to word, logo, slogan, sound and or design that when attached to a service, enables a consumer to identify the company which produces the service. 

 From the time of submitting the trademark application, the applicant may expect to hear back from the USPTO within 6-8 months. Then, depending on whether or not the trademark was found to be an eligible trademark for registration or ineligible for registration (the reason/s for which will be addressed in an office action), the process will take an additional number of months. Therefore, the total time for an application to be processed, from beginning to end, maybe anywhere from (nearly) 8 months to 1 + years. However, it is critical to file the trademark application as soon as possible so as to obtain the earliest possible filing date. 

Typically not, however, there are certain circumstances underwhich the trademark application process can ber expedited. Specifically, in matters of litigation, the possibility of trademark infringement, or when there exists a unique need to obtain a U.S. trademark to procure a foreign registration. The applicant must demonstrate a substantial need for the application to be expedited. Still, even if the applicant manages to gain an expedited review by the USPTO, the registration process will still takes around  6 to 8 months..

To obtain a federally registered trademark, the applicant is required to fill out and submit a trademark applic 

 Yes. If the aspiring owner of a trademark is not actually selling anything in conjunction with the clever name or slogan, the owner does not actually have a trademark – just a clever name or design. To obtain trademark protection, one must have first made a meaningful number of sales of the product/service under the banner of the trademark. 

To obtain a Federal Trademark from the United States Patent and Trademark Office (USPTO), one must demonstrate that he/she has made bona fide sales (what qualifies as bona fide is unfortunately not so clear) in Inter-state commerce. This means that simply selling your product within your home-state is not good enough - you must be selling it across state lines. 

Unfortunately, the USPTO has not to date provided an exact number of sales/money earned necessary to satisfy the In-Commerce requirement. Instead, the law provides that a "Bona-Fide" number of sales must have been made. Ultimately, use your judgment. A token sale of one t-shirt to a friend does not count as "Bona-Fide sales" but 100 t-shirts to multiple parties most likely would. 

 No, however, it might very well be the prudent thing to do. Conducting business without the protection of a registered trademark may render you vulnerable to a third party using and preemptively registering the trademark in the USPTO before you get a chance to file! If you are serious about your business, it is worthwhile to first register your trademark and protect your business against infringement. 

 A specimen is an illustration of how the trademark applicant is actually using the trademark in commerce. A specimen may consist of a picture of a label, tag, packaging material, etc. which bear and display the trademark. Simply, the specimen is the proof of the actualization of the "Use-In-Commerce" requirement. In the event that a trademark is used in conjunction with a service, rather than a good, permissible specimens include brochures, flyers, advertisements, etc. 

 Yes, with an Intent-To-Use trademark application. Section 1(b) of the Lanham Act, 15.U.S.C. § 1051(b) states that “…person who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in commerce may request registration of its trademark.” Once the ITU Trademark Application has been accepted and you have been issued a Notice of Allowance (NOA), you have six months to either submit your Statement of Use or file a petition to extend your submission of a Statement of Use. Each extension request will allow the applicant an additional six months to provide the Statement of Use. The applicant has the right to 5 extension requests. 

 In order to obtain a registered trademark, the trademark must be attached to a good or service that has been sold in Inter-State Commerce. What precisely does this mean? Well, in the case of goods, simply that the goods must be sold over State Lines and for services, simply that the service must be offered in multiple States. 

 Not really. A trademark is a word, logo, slogan, sound and or design that when attached to a good, enables a consumer to identify the company which produces the good. A Service Mark is a term used more specifically to refer to word, logo, slogan, sound and or design that when attached to a service, enables a consumer to identify the company which produces the service. 

 From the time of submitting the trademark application, the applicant may expect to hear back from the USPTO within 6-8 months. Then, depending on whether or not the trademark was found to be an eligible trademark for registration or ineligible for registration (the reason/s for which will be addressed in an office action), the process will take an additional number of months. Therefore, the total time for an application to be processed, from beginning to end, maybe anywhere from (nearly) 8 months to 1 + years. However, it is critical to file the trademark application as soon as possible so as to obtain the earliest possible filing date. 

Typically not, however, there are certain circumstances underwhich the trademark application process can ber expedited. Specifically, in matters of litigation, the possibility of trademark infringement, or when there exists a unique need to obtain a U.S. trademark to procure a foreign registration. The applicant must demonstrate a substantial need for the application to be expedited. Still, even if the applicant manages to gain an expedited review by the USPTO, the registration process will still takes around  6 to 8 months..

 While there is no rule or law which mandates first conducting a trademark search before submitting a trademark application, it is undoubtedly wise and important to do so. The purpose of the trademark search is to uncover any sufficiently similar trademarks, which may bar the admission of your trademark. 

The USPTO views the filing fee as a processing fee and will therefore not return the fee, even in the event that the application is denied, and the trademark is not registered. 

 Upon receiving a Trademark Application, the USPTO Trademark examiner will need to decide if the Trademark is eligible for registration. If the mark is deemed ineligible from registration, or if the examiner feels that he/she requires additional information before deciding whether or not a verdict can be made about the eligibility of TM registration, the applicant will receive an Office Action. Reasons for trademark application rejections include; Disclaimer request, Amendment of the identification of goods/services in an application required (either a change or an addition required), Substitute Specimen required, Refusal on the basis of likelihood of confusion, genericness, descriptiveness, misdescriptiveness, geographic significance, surname, or other substantive objections. 

An office action is a question or an issue with your trademark application that needs to be resolved before your trademark application can move forward.  Our Super Bowl package includes an office action response.  Sit back and relax, we will correspond with the USPTO on your behalf and resolve all issues guaranteed, at no extra cost to you. 

The circled R can only be used once the applicant has obtained a federal registration - not upon submission of the trademark application. Indeed, in the event that the applicant uses the circle R before receiving the registration, the USPTO may very well decide to cancel the trademark application altogether. Instead, applicants should use the little capital letters of TM or SM before the trademark application registers. 

While copyrights and registered trademarks both help protect your intellectual property, they are used for different things. 

Trademarks are used to protect brand names, business names, product names, logos, and slogans. They ensure that a brand can use its assets to build recognition and differentiate itself. 

 You need to register a trademark with the USPTO to protect your brand. 

As long as you renew your trademark—after the first five years, then every 10—it will not expire. 

 Copyrights cover creative works such as stories, poems, song lyrics, movies, and even software code.  

As soon as you create a piece of art or pen the lyrics of a song, you establish ownership. There is a legal process that you can—and should—use to gain better legal protection. 

A person’s copyright lasts for the length of their life plus 70 years. There are different rules for pieces that are created anonymously or under a pseudonym.