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US Brand Shield has done a fantastic job getting our trademark registered. Not only have they helped us protect our intellectual property, but our brand is now copyright-certified to ensure all our creative works are safe. Highly recommended!
Since August 2019, all foreign applicants must be represented by a local US trademark attorney. What does it mean for you?
If you are not a US resident or if the applicant is a foreign company, you now need to appoint a US trademark attorney to file your trademark application.
If your trademark application was filed before August 2019, and there are some outstanding issues that must be addressed and USPTO sent you a letter after August 2019, you will be required to appoint a US trademark attorney when a response is filed.
Trademark Angel provides proper legal representation through a designated US trademark attorney.
As of August 3, 2019, the United States Patent and Trademark (USPTO) now requires foreign domiciled applicants (read: non-US applicants) and registrants to appoint a US attorney on all US trademark filings and representations before TTAB. We work with a few trusted US attorneys so can file and take over your recently filed trademark applications. If you filed yourself, we can take over your application and appoint a US licensed attorney, at no cost to you.
Since this is how we always filed, our fees remained the same unlike many other firms that increased their fees following the introduction of this new rule.
In the US, trademark use is essential to register your trademark and to maintain it. Without use, there will be no registration and without a use after registration, your trademark may not be maintained.
Using for goods (products) is actually selling your products with your trademark being displayed either on the actual products or their packaging during the sale.
Using for services in the US is actually advertising and performing the services in the US in more than one state or in the US and a foreign country.
Important points:
Use must be “bona fide” – real sales to real customers. “Token use” is not acceptable.
Use must be in the ordinary course of trade – that means that goods and services must be used in a way which is typical in a particular industry.
Note: the US law says you need to use the trademark in interstate commerce. That means that when you sell your products they need to be sold and shipped to another state or to a foreign country.
A photograph of the product showing the mark the actual product. Examples: metal plate on a bag or wallet; barbecue grill. Packaging of the product showing the mark. Example: tissue boxes; packaged fruit or vegetables; packaging for a toy. Signage used in a product display in a store. Example: Photograph of the physical product display. Product labels and tags showing the mark. Example: inside label of a t‐shirt; hang tag on a blouse or pants. A Internet page showing the product near the mark and together with purchasing information. Example: a website page shows a photograph of headphones, the mark for the headphones appears above the photograph, the price appears below or next to the photograph, and a shopping cart button or other way to purchase the headphones appears on the page. If your product is downloadable software, you can prove use by showing copies of the instruction manual and screen printouts from the actual program that shows the mark in the title bar, or launch screens that show the mark in an introductory message box that appears after you open the program. A web page showing the mark in connection with the information sufficient to download the software will also be acceptable. A specimen for services generally shows the mark used in the sale or advertising of the services.
Copyright is a legal protection granted to the creators of original works, such as books, music, art, films, software, and more. It gives the creator exclusive rights to use, distribute, and license their work.
Copyright protects original works of authorship, including:
Literary works (books, poems, articles)
Musical works (songs, sheet music)
Artistic works (paintings, drawings, sculptures)
Audiovisual works (movies, TV shows, videos)
Software and databases
What is not protected by copyright?
Ideas, concepts, or methods
Titles, names, slogans
Works not fixed in a tangible medium (e.g., improvised speech not recorded)
Facts and public domain materials
Ownership and Duration
Who owns the copyright?
The creator of the work usually owns the copyright. In cases of work-for-hire, the employer or contractor commissioning the work owns the copyright unless otherwise agreed.
In most countries:
For individual creators: Lifetime of the author + 70 years.
For corporate works: 95 years from publication or 120 years from creation, whichever is shorter.
What happens when copyright expires?
The work enters the public domain, meaning anyone can use it without seeking permission.
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