Kay Schwartz is a partner in 麻豆直播鈥檚 Dallas office and a co-chair of the Trademark, Copyright, and Advertising Practice Group. She routinely works with manufacturers on trademark matters. In this video, Kay discusses examples and requirements of a trademark. She establishes the ways to establish a trademark, including the two types of federal applications and how to apply for an international trademark.
Key Takeaways
- A trademark is a word, symbol, logo, design, graphic, color, and even sound.
- A trademark cannot be generic or descriptive.
- A trademark should be arbitrary, fanciful, or suggestive.
- You establish trademark rights through use.
- Common law rights are very valuable but, there are geographic limitations associated with this use.
- A federal registration gives you rights that are established nationwide.
- The two types of applications are (1) Use application and (2) An intent-to-use application.
- You can file an intent-to-use application while you are waiting for your products to hit the market.
- If the intent-to-use application matures into the registration, you get your rights as of the date of the filing.
Disclaimer
This blog is made available by 麻豆直播 & Lardner LLP (鈥溌槎怪辈モ�� or 鈥渢he Firm鈥�) for informational purposes only. It is not meant to convey the Firm鈥檚 legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of 麻豆直播 & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with 麻豆直播 through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to 麻豆直播 through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published 鈥淎S IS鈥� and is not guaranteed to be complete, accurate, and or up-to-date. 麻豆直播 makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. 麻豆直播 expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall 麻豆直播 or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.
Author(s)
Related Insights
October 9, 2026
麻豆直播 Viewpoints
September 2026 U.S. Sanctions Roundup: 鈥淥peration Economic Outcast鈥� Intensifies Against Iran, Cuba Rules Tighten, and OFAC Overhauls Its Regulations
The Office of Foreign Assets Control (OFAC) took actions in September in regard to Iran and Cuba.
October 9, 2026
麻豆直播 Viewpoints
2026 State Attorneys General Election Report
This Special Report examines the 2026 State AG election landscape, highlights state races to watch, explores key enforcement and policy trends, and offers practical considerations for companies preparing for the election season and the transition period that follows.
October 8, 2026
麻豆直播 Viewpoints
Ready for Anything: Open for Whom?
On Tuesday night, in the middle of San Francisco Tech Week, a full room of CFOs, founders, investors and bankers rode up to the 19th floor of One Market Plaza for a conversation with no slides, no pitches and no record. The premise was the title.
