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. The USPTO and nearly all other foreign trademark offices categorize particular goods and services under specific […]

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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 Trademark Application?

What is a flat rate trademark application? For certain trademarks, our firm offers a fixed fee for filing a trademark application and prosecuting the application from initial filing to registration. A flat rate trademark application provides you with some certainty in budgeting for trademark registration. Keep in mind that the review of your trademark application […]

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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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