Cognate's Trademark Blog

Trademark “Use” P2: Proving Use – Jurisdictions, Trademark Classes (or Classifications) and “Ongoing Use”

In order to enforce and defend trademark rights, companies should be able to prove where, when and how their trademarks have been used. In my previous post, I outlined what constitutes trademark use and the two systems countries use to determine priority in trademark rights (first-to-use and first-to-file). This week I want to take a … Read more

Trademark “Use”: Understanding “Actual Use”, “First-to-Use” and “First-to-File”

  Some of the most common questions we get at Cognate are centered around the concept of trademark “use.” Three foundational concepts related to trademark use are actual use, first-to-use, and first-to-file. Actual Use Essential to enforcement and protection of trademark rights is the concept of “actual use” (or “use”). Trademark use is achieved when a trademark is … Read more

SCOTUS Rules in Favor of ‘The Slants’ Trademark Registration

The trademark world is buzzing today after the Supreme Court ruled that the government can’t refuse registration for trademarks that are considered “offensive.” The Court ruled that the Asian-American rock band The Slants have the right to federal trademark registration with the U.S. Patent and Trademark Office (USPTO), despite having a “disparaging name.” The Slants’ lead … Read more

Cognate + Blockchain for Trademark Protection

Cognate now uses blockchain technology to make a record of our users’ trademark rights. What is Cognate? The Common Law Trademark (CM) Registry – a public, non-governmental registry and certification system that allows for fast, affordable recordal and monitoring of trademark rights, including unregistered (“common law”) trademarks, company names, product names, slogans, and domain names. But you … Read more