What is a trademark audit?

What is a trademark audit? The USPTO has recently started a process to audit the maintenance or renewals of trademark registrations, called the Trademark Post Registration Audit Pilot Program. The purpose of this audit is to check if the owner has continued to use the trademark on the goods or services identified in the registration. […]

Read More

What is acquired distinctiveness (secondary meaning)?

What is a trademark with acquired distinctiveness? Some trademarks are inherently distinctive from the start and others are not. Inherently distinctive marks generally include marks that are arbitrary (meaning of mark has no relation to goods/services) or fanciful (made up word) or suggestive (meaning of mark suggest a feature of goods/services). Marks that are descriptive […]

Read More

USPTO approval of ITU application before using trademark?

Trademark Office approval not required before using ITU mark There is no legal requirement to wait for USPTO approval of your Intent-To-Use application before you can begin using the mark. If you have started using the mark on all the goods or services in your ITU application, you can file an Amendment to Allege Use […]

Read More

Trademark mutilation and phantom mark: Say what?

When can the issues of trademark mutilation and phantom marks become a problem? Whenever there is a discrepancy between the mark drawn in the application and the specimens showing actual use of the mark, the issues of trademark mutilation and phantom marks may come into play. As discussed in further detail below, mutilation refers to […]

Read More

What is a partial refusal?

What is a partial refusal in a trademark Office Action? A trademark Office Action with a partial refusal can be a mix of good news and bad news. The bad news is that a portion of your mark is being rejected. The good news is that the remainder of your trademark application is acceptable. In […]

Read More

Trademark application rejections: Reasons why and how to respond

Why do trademark applications get rejected? Most trademark applications are not approved on their first go-around according to USPTO trademark statistics. Only 34.4% of TEAS Plus applications and 16.3% of TEAS RF applications receive a “first action approval” (as of the date of this post). That means that Office Actions are issued against the vast […]

Read More

Prior-filed application: How to deal with suspension

What is a prior-filed application? A prior-filed application is a trademark application with an earlier filing date than yours. If the USPTO trademark examining attorney sees a potential likelihood of confusion between your mark and that of the earlier-filed application, the examining attorney will note the prior-pending application in an Office Action [see TMEP 716.02(c)]. […]

Read More

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 […]

Read More