Last week, I launched a new series of short podcasts on trademark and branding topics. Because I practice what I preach, I applied to register the new podcast name – TRICKS OF THE TRADE(MARK)™.

I invite you to listen to the podcast, 

The ideal time to file a new USPTO trademark application is before the launch of the product or service for best protection before public exposure. I did that here, filing a few weeks ago with the USPTO via a TEAS+ application asserting a bona fide intent to use the trademark. See USPTO application filing: Serial No. 87844223, covering: Downloadable podcasts in the field of law, intellectual property, marketing, brands, and trademarks.

Listen to this Podcast


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2 thoughts on “New podcast, new trademark, and new podcast trademark: TRICKS OF THE TRADE(MARK)

  1. I am looking to trademark the title of my podcast. My podcast does not generate any money, but I have been publishing content for a few years now. Does this qualify as section 1a “actually using mark in commerce”? Or do I need to be generating income?

    • Revenue is not a requirement for “use in commerce.” Publishing the podcast publicly and having listeners/downloads/streams should be sufficient. (Of course, this is not specific legal advice!) For more details, see TMEP Sect. 901.01:
      The term “use in commerce” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For purposes of this Act, a mark shall be deemed to be in use in commerce–
      (1) on goods when—
      (A) it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and
      (B) the goods are sold or transported in commerce, and
      (2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services.

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