What is a merely descriptive trademark?

What is a merely descriptive mark? Your trademark application might get rejected for a number of reasons. Near the top of the list of possible trademark rejections is mere descriptiveness. But, what exactly is a merely descriptive trademark? A merely descriptive mark “describes an ingredient, quality, characteristic, function, feature, purpose, or use of the goods […]

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Why Trademarks Matter to Amazon Sellers

Trademark registrations are critical for selling on Amazon Selling products through Amazon in the US can be lucrative if done wisely. One crucial factor in selling products under your own brand is to make sure you comply with Amazon’s intellectual property policy and block competitors from using your brand. The reason why trademarks matter to […]

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Who can sign trademark applications and filings?

Who can sign trademark applications? The following are the only persons authorized to sign a trademark application: a. a person with legal authority to bind the owner (e.g., corporate officer or general partner of a partnership); b. a person with firsthand knowledge of the facts and actual or implied authority to act on behalf of […]

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What is a trademark class of goods or services?

USPTO Classification of Goods and Services A trademark application cannot be filed without identifying specific goods and/or services. You cannot simply trademark a word or phrase in the abstract without reference to the products sold or to be sold. Accordingly, the USPTO and nearly all other foreign trademark offices categorize particular goods and services under […]

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Can product design (shape) be trademarked?

Can 3D product designs be trademarked? Trademarks are commonly known as names and logos. It may surprise you to learn that three-dimensional product shapes (aka product configurations), designs and features may also be registered as trademarks if they help to indicate source and do not serve any functional purposes. What is the test for registering […]

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What is a Flat Rate Start-to-Finish Trademark Application?

What is a flat rate start-to-finish trademark application? For trademarks that meet certain requirements, our firm offers a fixed fee for filing a trademark application and prosecuting the application from initial filing to registration. While each IP firm is different, our flat rate start-to-finish trademark application package is offered for marks that meet the following […]

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What to do when your trademark application is suspended

Why does the USPTO suspend trademark applications? Trademark applications filed with the USPTO are processed in the order they were filed, and not according to the dates of first use alleged in the applications. If an application for a similar trademark was filed prior to your trademark application, your application may be suspended pending the […]

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What do TM and Circle R (®) symbols mean?

What does the TM symbol mean? The TM symbol placed next to a mark is meant to put the public on notice that the owner considers that particular mark to be proprietary. In other words, the owner is claiming rights to that mark. Not all marks are protectable, and the fact that a company placed […]

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How to Protest a Trademark Application

What is a letter of protest? Third parties may challenge an early stage trademark application by submitting a letter of protest to the USPTO. When should a letter of protest be filed? The letter of protest provides an earlier option for challenging trademark applications that have not yet reached approval for publication (i.e., when the […]

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How to Oppose a Trademark Application

When is the right time to oppose a trademark application? If and when a trademark application has received preliminary approval by the USPTO examining attorney, a date will be in the coming weeks for the mark to be published for opposition. The publication period is a 30-day window during which any member of the public […]

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