What is a lack of bona fide intent to use?

What is intent to use? In order to understand what something is not, it helps to begin with what it is. Intent to use refers to a trademark applicant’s intention to use a trademark in commerce. This intention forms the basis for filing a trademark application especially when the mark has not yet been used. […]

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What is an extension of time to oppose?

What is an extension of time to oppose a trademark application? The US trademark legal system allows third parties to oppose the registration of a pending trademark application. When a trademark application is published for opposition, a window of time is given to the public to oppose a trademark application that has received preliminary approval […]

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How to transfer trademark ownership

How to transfer trademark ownership: What is a trademark assignment? A trademark assignment is a document signed by the original owner (“assignor) transferring ownership of the trademark to a new owner (“assignee”). In most cases, only the assignor needs to sign the trademark assignment. The USPTO provides a helpful online resource on trademark assignments. What […]

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What is a trademark registration basis?

Trademark registration basis There are only two bases for a registering a trademark in the US: use in US commerce [Section 1(a) – see TMEP Section 900]; foreign registration [Section 44(e) – see TMEP Section 1004]. A US trademark application cannot mature into a registration without at least one valid registration basis. Since a Section […]

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What is a trademark consent agreement?

What is a trademark consent agreement? A trademark consent agreement is a written agreement between two trademark owners stating that their respective marks are not confusingly similar. Also known as a trademark coexistence agreement, the discussion of coexistence often arises in the context of settling a trademark dispute (such as a TTAB trademark opposition or […]

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When is a trademark primarily merely a surname?

What is a surname trademark? If you are attempting to register a mark that constitutes or includes a surname, there is a significant risk that your trademark application may be rejected for being primarily merely a surname. It might still be possible to register the mark depending upon certain factors. What does “primarily” mean? A […]

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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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