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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When is a trademark Power of Attorney required?

What is a trademark Power of Attorney? In a trademark application filed with the USPTO, a Power of Attorney is a form signed by the applicant to appoint an attorney and/or a law firm to prosecute the trademark application. Unrepresented Trademark Owners For previously unrepresented trademark applicants or registrants, a newly appearing attorney may sign […]

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What is an insurance extension request in an Intent-To-Use application?

What is an ITU insurance extension request? An insurance extension request is an optional request for a 6-month extension of time that can be filed in conjunction with a Statement of Use in an Intent-To-Use (ITU) trademark application. How many insurance extension requests can be filed? Only one insurance extension request can be filed in […]

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What is trademark priority?

Trademark Priority: Determining Who Was First Trademark rights in the US generally belong to the one who was first to use the mark in commerce. Whoever was first to sell goods or services under a particular mark will typically be deemed the rightful trademark owner. There are some exceptions to the rule (see below), but […]

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What is trademark abandonment?

What does it mean to abandon a trademark? One fundamental difference between trademarks and patents is that trademarks require ongoing and continuous usage in order to maintain exclusive rights. A renewal of a trademark registration, therefore, requires the owner to declare that the trademark has been and continues to be used on the goods and/or […]

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What is a Multi-class Trademark Application?

Can multi-class trademark applications be filed in the US? Yes, the USPTO allows applicants to file a single trademark application covering goods and/or services spanning multiple classes. The USPTO still charges a separate filing fee for each class. Why file a multi-class application? In certain cases, it might be more efficient to file a single […]

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What is trademark fair use?

When is it OK to refer to someone else’s trademark? Trademark law allows for third parties to refer to the trademarks of others in certain situations. Known as fair use, the overall guiding principle is that unauthorized usage of a trademark owned by someone else may be permissible if done in a way that would […]

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Who is the trademark owner?

Who is the 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, it would […]

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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┬álogos used in connection with the sale of goods or services. In rare cases, a trademark may […]

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