What we need to file your trademark application

What information do you need to provide for us to file your trademark application? Since we get these questions all the time, we thought it would be helpful to provide a simple guide on what we need to file your trademark application. Certain parts of the trademark application will require strategic considerations, so give careful […]

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Madrid Trademark – US Office Action: How to respond [66(a)]

US Office Action in Madrid Protocol Trademark Application Madrid Protocol trademark applications that enter the US through Section 66(a) will often encounter several issues. There may be substantive refusals and non-substantive issues. Substantive rejections may include a likelihood of confusion or merely descriptive refusal, or both. Non-substantive issues typically do not require an extensive response. […]

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When is the right time to trademark a product or company name?

When is the right time to file a trademark application? Trademarks differ from patents in terms of timing. Unlike patent deadlines, there is no strict due date for filing a trademark application, although there can certainly be negative consequences for waiting too long. Assuming that you do not have enough cash now to apply for […]

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Rejected trademark specimens: What to do

Why trademark specimens of use get rejected Back in the old days when paper trademark applications were filed via snail mail, original specimens of use were mailed to the USPTO. The physical specimens of use had to meet certain dimensional requirements, such as being flat or flattened, in order to avoid the hassle of dealing […]

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What is the rule regarding foreign trademark filers and US attorneys?

What is the rule regarding USPTO trademark applications by foreign applicants and the need to have a US-licensed attorney? Effective August 3, 2019, the USPTO will require all foreign applicants to be represented by an attorney licensed to practice law in the US in order to file a US trademark application. This rule regarding representation […]

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Can a person’s name be trademarked?

Can I trademark a person’s name? Maybe. You might be able to register a person’s name as a trademark if the name meets certain conditions. Here are requirements for trademarking your own name or someone else’s name: If the name identifies a living individual, consent to register must be made of record [see TMEP 813]. […]

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How to trademark books, DVDs and creative works

What are common problems in registering a trademark on books? Books, DVDs, CDs, films, videos and other media containing creative content are generally considered creative works. It’s natural for an author of a book or other creative work to think about protecting the title as a trademark. The specific challenge in trademarking creative works is […]

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No use of mark before filing trademark application: What happens?

Do-It-Yourself Trademark Filings There are several DIY and semi-DIY trademark services offering to help applicants file their trademark applications with the USPTO. In many cases, we see errors jeopardizing the validity of the registration. These mistakes become fatal if not timely corrected. The result is the sacrifice of the validity of the registration in exchange […]

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