Trademark Lawyer Chelsie Spencer was published in the State Bar of Texas Intellectual Property Section’s TipSheet Vol. 13 No. 2, discussing the USPTO’s treatment of trademark applications for goods containing cannabidiol. To view the article, continue reading below or click here.
When registering a trademark with the United States Patent and Trademark Office (USPTO), any of the available application forms for filing will require that you specify whether you are applying for the mark in a standard character format, also referred to as a word mark, or in a special form, referred to as a stylized mark or design mark. Assuming that your business name is eligible for trademark registration, you may wonder whether you should trademark the business name or the business’s logo first. You have the option to register (a) the business name only (b) the logo or other design only or (c) both.
Trademarks can include any word, name, symbol, device, or any combination thereof used to identify and distinguish goods and services used in interstate commerce. Most people know that trademarks consisting of words and/or graphic designs can be registered with the United States Patent and Trademark Office. However, non-traditional trademarks, which may include color, sound, texture, smell, taste, texture, etc., are also eligible for trademark registration under the Lanham Act. Non-traditional trademarks also include trade dress, which we will discuss on the blog next week.
When you speak with a trademark lawyer, you may hear them refer to the “registrability” of your trademark. This term refers to the fact that not all words, logos, slogans, etc., can be registered as a federal trademark with the United States Patent and Trademark Office.
The strength of a trademark depends on what trademark category the mark falls under. There are five categories of trademarks: generic trademarks, descriptive trademarks, suggestive trademarks, arbitrary trademarks, and fanciful trademarks.