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Showing posts from May, 2025

Trademarking Product Shapes and Designs: What Are Your Rights?

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I’m a trademark attorney based in Westminster, California, and today I want to talk to you about something you might not think about very often: trademarking product shapes and designs. Most people know that you can trademark a business name or a logo. But did you know that you might also be able to trademark the shape of a product or the way it looks ? It’s true! And if you’re a business owner, inventor, or designer, this could be really important for protecting what you’ve worked so hard to create. Let me explain what this means in a way that’s easy to understand. What Is a Trademark? First, let’s talk about what a trademark is. A trademark is something that shows people who made or sold a product. It’s a way of telling one brand apart from another. Think of the golden arches of McDonald's or the Nike swoosh. Those are trademarks. A trademark can be: A name (like “Coca-Cola”) A logo (like Apple’s apple) A slogan (like “Just Do It”) Even a sound (like the MGM l...

Understanding the Trademark Appeal Process and How It Works

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I’m a Trademark Attorney based in Westminster, California. Every day, I help people protect their brand names, logos, and business identities by registering trademarks with the United States Patent and Trademark Office (USPTO). One of the most common questions I get is, “What happens if my trademark application gets rejected?” That’s where the trademark appeal process comes in. If you’ve received a refusal on your trademark application, don’t worry—you’re not alone. It happens more often than you might think. The good news is that there’s a process you can follow to appeal the decision, and I’m here to walk you through it step by step. Let’s break it down in a simple way so it’s easy to understand. Step 1: Getting the Office Action When you file a trademark application, a USPTO examining attorney looks at it to see if it meets all the legal requirements. If they find a problem, they send you something called an “Office Action.” This is a letter that explains why they’re refusing t...

The Right Way to Use the ® Symbol for Registered Trademarks

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I’m a Trademark Attorney based in Westminster, California. I help individuals and businesses protect their brands by registering and enforcing trademarks. One of the questions I get asked a lot is, “When can I use the ® symbol?” It may look like a small thing, but using the ® symbol correctly is important for protecting your brand and staying on the right side of the law. So, in this article, I’m going to walk you through what the ® symbol means, when you can use it, where to place it, and what to avoid. I’ll also share some tips to keep your trademark safe. Let’s jump in! What Does the ® Symbol Mean? The ® symbol stands for “Registered Trademark.” This means your trademark is officially registered with the United States Patent and Trademark Office (USPTO) . It shows the world that your brand name, logo, slogan, or other mark is legally protected. If someone else tries to use your registered trademark without permission, you have stronger rights to stop them. A lot of people think...