When should you use survey evidence to support your US trademark?

Survey evidence can be a useful tool in trademark prosecution before the United States Patent and Trademark Office (USPTO), especially in cases where the distinctiveness and recognition of a trademark among consumers is in question. Here are some specific situations where survey evidence might be utilized:

Can I trademark a name already in use but not trademarked? and what to do if you face an opposition

Using a name in commerce can establish "common law" trademark rights, even if the mark has not been officially registered with a government agency like the United States Patent and Trademark Office (USPTO). These rights are generally limited to the geographic area where the mark is actually used. To find these you can search in Google, Google Maps and Amazon (and other platforms). Therefore, if someone is already using a name in business, they may have common law rights to the name in their local area or region.

Fake Brand or Counterfeit Brands - How to Avoid Them!

These knock-offs are usually of inferior quality and are sold at lower prices, potentially harming the reputation of the brand they mimic and posing safety risks to consumers. Here’s an overview of how to identify fake brands and protect yourself from counterfeits.

Extension of protection (EOP) extended to the U.S. and the Supplemental Register (Madrid Protocol Trademark)

An extension of protection (EOP) extended to the U.S. cannot be amended to the Supplemental Register. This can be challenging for International Applicants and attorneys must be aware of the risks that this limitation creates.

How to Check a Trademark Name in the US: A Compehensive Guide

This guide will walk you through the process of checking a trademark name in the United States, whether through the USPTO database, common law marks, trademark use in online platforms and International trademark databases, all of which can help you avoid legal disputes and establish a unique identity for your business.

How to Trademark a Slogan or Phrase: A Comprehensive Guide

Trademarking a slogan involves careful planning and consideration, from ensuring the slogan’s uniqueness to navigating the application process and responding to potential opposition. By securing a trademark for a slogan, businesses can protect an essential element of their brand identity, preventing others from using similar phrases that could confuse customers and dilute the brand's impact.