On My Mind Blog

If you advertise a service, take preliminary steps to render the service, or both, and apply to register the service mark in the U.S. Patent and Trademark Office (USPTO) based on a claim that you have commenced use of the mark before you actually are in a position to offer the service in U.S. commerce, your application may be rejected.

When one party’s trademark is used ornamentally on another party’s product, that use may be protected by the aesthetic functionality defense, or that use may be a trademark infringement.  But how do you know?