Category: Trademark Registration

Trademark Audit: How to lose your trademark registration

What is a trademark registration audit? A trademark registration audit is a USPTO program to check random trademark registrations to see if the registered trademark…

What is the probability of a trademark rejection?

What is the probability of a trademark rejection or delay in a trademark application? According to the USPTO trademark dashboard, statistics show that about 43%…

What if specimens do not match the mark in your trademark application?

What exactly is the applied-for mark in your trademark application? One of the most common errors in a trademark application is a mismatch between the…

Final Rejection: How to Respond to a Trademark Final Office Action

What is a final trademark rejection or Final Office Action? Known as a Final Office Action, a final trademark rejection is typically a second rejection…

What is a failure to function as a trademark refusal?

What is a refusal based on a failure to function as a trademark? A certain type of trademark rejection seems to be occurring more frequently:…

What are confusable trademarks and examples of non-confusable trademarks?

What does confusable mean? To be registrable, a mark must not have a likelihood of confusion with any registered trademarks. In other words, an applied-for…

Can the same trademark be registered by others in a different country?

Same trademark, different country It is possible for others to register a US trademark in a foreign country. A US trademark registration does not block…

USPTO Consistency Initiative: What can you do about inconsistent trademark examination?

Has trademark examination become more inconsistent? Trademarks share a common feature with patents in that a trademark must be different in order to be registered.…

How to Get Trademark First Filer Advantages: Why An Earlier Filing Date Matters

Why does an early trademark filing date matter? US trademark law generally regards the first trademark user, and not the filer, as the rightful owner.…

What is a word mark?

How should you file your trademark application? A word mark refers to the type of trademark that can be registered without any graphic design or…

Does your international company need a US trademark attorney?

Is an international company required to use a US attorney for US trademark applications? Yes, the USPTO requires all international companies (i.e., domiciled in a…

How to Prepare Acceptable Trademark Clothing Specimens of Use

What kinds of trademark clothing specimens are acceptable? An acceptable specimen of use for trademark application covering clothing items can be especially tricky. USPTO trademark…

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