Last week Mariya Ortynska was a speaker at the webinar, dedicated to the topic of the essentials of trademarking for entrepreneurs.
“Trademark Protection Essentials for Small Business Owners” is an event organized by the New York State Department of Small Business Services.
This is the second webinar on trademark protection delivered by Mariya Ortynska for the New York State Department of Small Business Services. Once again Mariya has shared explanations about the importance of trademark registration, including warnings about what will happen if the trademark is not registered in time.
Mariya also addressed a question, popular among business owners: what is the difference between a trademark, a legal entity name, and a DBA? Registration of the company name does not mean that there are no trademark problems. Therefore, a check in the business entity register is not enough. Registration of a business entity name does not mean that other persons will not be able to register the same name as a trademark.
As a trademark attorney, Mariya Ortynska discussed every step of the trademark registration process, common pitfalls and risks mitigation.
Notably, the section dedicated to the Office Actions gained a lot of attention. There are different grounds for refusal to register a trademark, some of them being:
- Non-compliance with formal requirements (in particular, the list of goods and services. Remember that use is an important factor in registration.)
- The specimen of use (in case of a used-based application) does not correspond to the declared list of goods or services.
- Similarity to the extension of confusion.
- Descriptiveness.
- Functional refusals
Proper argumentation and timely response to the Office Actions are key factors to increase the chances of overcoming the refusal.
Maintenance and renewal of the trademark also were highlighted during the presentation as core matters to keep the brand protected in the long run.
If you are a business owner and need legal assistance in trademark registration or providing a response to the Office Action, you can get a free consultation with Mariya Ortynska. Get the IP strategy tailored to your needs.