Who owns a trademark?

Who is the trademark applicant (trademark owner)? It’s not uncommon for first-time trademark applicants to raise questions concerning ownership of the trademark. In a trademark application, should the applicant be identified as an individual or a company? The answer depends upon who will ultimately control the quality of the goods or services. In most cases, […]

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What is likelihood of confusion?

What is the purpose of a trademark? A trademark serves to indicate the source of goods or services (in this post, I’ll refer to both goods and services collectively as “products” for simplicity). A trademark may comprise words and/or logos used in connection with the sale of goods or services. In rare cases, a trademark may […]

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When does a trademark registration expire?

Why don’t trademarks expire? Trademarks differ from patents in at least one critical way: trademarks can last indefinitely while patents must expire. Keep in mind that patents involve an exchange of information (from inventors) for exclusivity (from government). Trademarks do not involve such an exchange. Instead, trademarks serve to indicate the source of a product […]

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How long is the US trademark application process?

Trademark applicants typically want to know how much time it takes to register a trademark. The length of the trademark application process depends upon three key factors, each of which is controlled by a different party: Filing basis (up to you) Rejections / Office Actions (up to the trademark examining attorney) Oppositions (up to third parties) […]

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What is a geographically descriptive trademark?

What is a primarily geographically descriptive trademark? Not all marks that contain a geographical location will be refused registration. The issue is whether the mark is primarily geographically descriptive. To meet that “primarily” requirement, the mark must have the following [see TMEP § 1210.01]: the primary significance of the mark is a generally known geographic […]

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How to renew a trademark registration

Trademark Renewal Deadlines Unlike patents which have a definite expiration, the term of a trademark registration may continue indefinitely as long as the owner continues to use the mark on the goods or services identified in the registration. In the IP world, “renewal” specifically refers to a second post-registration filing that occurs around the 10-year […]

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What can’t be trademarked?

Indicator of Source Not all words can be trademarked. In order for a term to function as a mark and thus qualify for registration, a mark must serve as an indicator of the source of origin of the relevant goods or services. If certain words or phrases fail to distinguish the source of goods/services from […]

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What is a trademark Office Action?

A trademark Office Action is a letter issued by the USPTO examining attorney assigned to review your trademark application. All issues raised in a trademark Office Action must be adequately addressed to avoid abandonment of the trademark application. Has my trademark application been rejected? Receiving an Office Action does not necessarily mean that your trademark […]

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How much does a trademark application cost in 2017?

ICLG Trademark Flat Fee Schedule – 2017   Attorney’s Fee USPTO Fees* Total**  Trademark Application Package       Filing trademark application with a single class of goods/services Flat rate includes: 1) USPTO Trademark Knockout Search ($300 value); 2) Initial filing; 3) Reporting and responding to non-refusal Office Actions; 4) Mailing Certificate of Registration; and 5) Docketing post‑registration renewal […]

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