All About Trademarks: Everything You Need to Know About Trademarks From a Former USPTO Trademark Examining Attorney

By Andrea Hence Evans

Protecting your trademark is critical. Often business owners do not register trademarks federally at the USPTO because they are unsure of how to do so or because they do not understand the benefits of registering. It is more costly to not register––you may be required to change the name, destroy all goods, pay damages, and pay your p

• Language: English
• Publisher: Purposely Created Publishing Group
• Release date: Jul 2, 2019
• ISBN: 9781644840955

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ALL ABOUT TRADEMARKS

Published by Purposely Created Publishing Group™

Copyright © 2019 Andrea Hence Evans

All rights reserved. No part of this book may be reproduced, distributed or transmitted in any form by any means, graphic, electronic, or mechanical, including photocopy, recording, taping, or by any information storage or retrieval system, without permission in writing from the publisher, except in the case of reprints in the context of reviews, quotes, or references.

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Dedication

This book is dedicated to all entrepreneurs and innovators, especially my clients, who trust their trademarks with my firm and allow me to protect and enforce their brands.

This book is dedicated to my mother, Dr. Bernadette M. Hence, who set an example of being a strong woman and taught me that hard work pays off.

This book is dedicated to my client Dr. Drai, who believed in me and my firm to successfully represent him against Dr. Dre and who has inspired me to monetize my law degree.

This book is dedicated to Lela Barker, a branding expert in the maker industry, who trusts her brick house clients with my firm.

This book is dedicated to Donna Maria Coles Johnson, a social media and marketing guru for indie business makers, who continues to influence me to think outside of the box.

And finally, this book is dedicated to the McAfee, Lewis, Hence, Evans, and Crawford families, especially my husband, Chris, and children, Nya and Austin, who are my biggest cheerleaders and number one fans of my brands— EvansIPLaw and KIDGINEER.

Table of Contents

Preface

C H A P T E R   1

What Is a Trademark?

C H A P T E R   2

Is Your Trademark Weak or Strong?

C H A P T E R   3

Trademark Truths and Myths

C H A P T E R   4

Requirements to File a Trademark Application

C H A P T E R   5

Basis for Filing a Trademark Application: Use or Intent to Use?

C H A P T E R   6

Expectations After Filing a Trademark Application

C H A P T E R   7

Objections and Rejections: So You’ve Received an Office Action

C H A P T E R   8

Publication of the Mark and Next Steps

C H A P T E R   9

You’re Federally Registered; Now What?

C H A P T E R   1 0

Patents, Trademarks, and Copyrights—An Overview

C H A P T E R   1 1

Analysis of Actual Trademark Registrations

About the Author

Preface

Intellectual property (IP) is important to entrepreneurs because all entrepreneurs have some type of intellectual property. An entrepreneur needs to be knowledgeable about intellectual property so they can identify it and take proactive steps to protect it. As an IP attorney, I always recommend to my clients that they be proactive rather than reactive. Rather than waiting for a third party to infringe on your IP and then scrambling to seek the help of an IP attorney to help you, protect your IP before any infringement occurs.

While working at the USPTO as a trademark examining attorney, I examined numerous trademark applications to determine if