Trademark Blog

Detroit Trademark Attorneys: Can I Trademark My Blog?

Detroit Trademark Attorneys: Can I Trademark My Blog? - Blog | HIlla Law Firm - Detroit_trademark_attornesy_-_can_I_trademark_my_blog

Trademark Registration for Blogs: The Same Rules Apply 

In order to register a business name, logo, advertising phrase, or even a scent or a color or a sound, as a trademark or service mark with the US Patent and Trademark Office (USPTO), it must meet the same criteria for registrability as any other product or service. 

That is, the blog's name and/or logo design must: 

  • Be in use or foreseeable in use in interstate commerce (for sale across state lines); 
  • Be distinctive and not generic; 
  • Identify the source of the good or service being marketed; 
  • Not present a likelihood of confusion as to the course of that good or service. 

In other words, a name or logo cannot be trademarked simply to protect the creative work that it represents. Unlike copyright or patent law, trademark law does not exist to protect the creator of a trademark. 

It exists to protect consumers' right to know what they are buying and from whom. 

Thus, the question with regard to a blog is—what is it selling? And does the name of the blog represent that good or service? 

When Can a Blog Be Trademarked? 

To recap, a blog can be protected with trademark registration when its name, or the logo sought to protect, inform consumers of the source of a specific good or service offered for sale in interstate commerce. 

Whether, then, any particular blog is registrable as a trademark depends on the blog and what its purpose is. 

A blog that serves as its author's journal or diary, for example, but doesn't sell anything is likely not eligible for protection on the Federal trademark register. 

A blog that, on the other hand, featuring articles and posts about the airline industry which are essentially advertisements for the author's airline nationally available consulting services might be, so long as the name of the blog sought to be registered mirrors the consulting enterprise's. 

Isn't Owning a Domain Name Sufficient? 

Owning the domain name utilized by the blog's web URL does not offer the same protection as registration on the Federal Trademark Register. 

A registered trademark is prima facie evidence of first use in commerce of the name or design. Anyone alleging that you've infringed upon their use of the same mark or who infringes upon yours bears the burden of proof in asserting that theirs was the first use in interstate commerce of the mark. 

Detroit Trademark Attorneys: The Bottom Line as to Blog Name Trademarking

The bottom line with regard to trademarking your blog name or logo is that you need to consult a knowledgeable trademark registration attorney before investing time, money, and your brand into an application process that may not be well-founded. 

The Hilla Law Firm is located in the Detroit area but represents clients nationally for trademark matters and offers free video or telephonic consultations. 

If you are interested in discussing the filing of an initial trademark application or defending an office action already filed, please contact us to discuss your matter or click here to directly schedule your initial trademark consultation into our calendaring system

7 Noteworthy Craft Brew Trademark Registrations

A review of 7 noteworthy craft brewery and craft beer brand trademark registration applications and why they succeeded. Contact The Hilla Law Firm, PLLC, at (734) 743-1489 to discuss the protection of your your craft brewery or beer brand. Affordable fees & virtual consultations.

Do I Need to Register a Trademark to Engage in Business?

Michigan Trademark Attorneys - You are not required to register you business, product, or service name as a Federal Trademark—but you are wise to do so. Contact The Hilla Law Firm to discuss the protection of your brand with a Trademark Registration. (734) 743-1489.

How Do I Register My Logo as a Trademark?

Michigan Trademark Attorney - Registering your logo or design as a Federal Trademark should be considered a necessary business start-up cost. Protecting your brand with Trademark Registration will ensure your use of the logo for the life of the business. Contact The Hilla Law Firm at (734) 743-1489 to discuss your logo trademark registration.

Trademark Registration Attorney: What Is a Letter of Protest?

Michigan Trademark Attorney: A Letter of Protest is a low-expense method of providing evidence that a trademark registration application that has been filed by a 3rd party may not be registrable to the USPTO. Contact The Hilla Law Firm PLLC at (734) 743-1489 to discuss your trademark issue. Virtual consultations.

Trademark Registration Fees Increasing January 2, 2021

Federal trademark registration fees will increase across the board on January 2, 2021. If you are considering applying for registration of your business or product name or logo, contact The Hilla Law Firm now to apply now! (734) 743-1489 - Affordable flat fees - Virtual consultations - Nationwide service

Who Must Sign a Trademark Registration Application?

A Federal trademark application contains a verified statement of facts requiring signature by individual or corporate officer with firsthand knowledge. In other areas, the owner's trademark attorney must sign as representative. The Hilla Law Firm (734) 743-1489
Page: 12345678 - All
"See what past clients are saying about how we helped them!"

The Hilla Law Firm did an excellent job handling the trademark registration for my online business. In my case, the process turned out to be complicated as another business registered for a similar name. The Hilla Law Firm expertly handled the situation and my trademark was approved! Kelly
See More Case Studies