Who is the trademark owner?

Who is the trademark owner? It’s not uncommon for first-time trademark applicants to raise questions concerning ownership of the trademark. In a trademark application, should the applicant be identified as an individual or a company? The answer depends upon who will ultimately control the quality of the goods or services. In most cases, it would […]

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What is likelihood of confusion?

What is the purpose of a trademark? A trademark serves to indicate the source of goods or services (in this post, I’ll refer to both goods and services collectively as “products” for simplicity). A trademark may comprise words and/or logos used in connection with the sale of goods or services. In rare cases, a trademark may […]

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When does a trademark registration expire?

Why don’t trademarks expire? Trademarks differ from patents in at least one critical way: trademarks can last indefinitely while patents must expire. Keep in mind that patents involve an exchange of information (from inventors) for exclusivity (from government). Trademarks do not involve such an exchange. Instead, trademarks serve to indicate the source of a product […]

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How long is the US trademark application process?

How long is the US trademark application process? Trademark applicants typically want to know how much time it takes to register a trademark. The length of the trademark application process depends upon three key factors, each of which is controlled by a different party: Filing basis (up to you) Rejections / Office Actions (up to the […]

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What is a geographically descriptive trademark?

What is a primarily geographically descriptive trademark? Not all marks that contain a geographical location will be refused registration. The issue is whether the mark is primarily geographically descriptive. To meet that “primarily” requirement, the mark must have the following [see TMEP § 1210.01]: the primary significance of the mark is a generally known geographic […]

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How to renew a trademark registration

How to renew a trademark registration Unlike patents which have a definite expiration, the term of a trademark registration may continue indefinitely as long as the owner continues using the mark. To renew a trademark registration, the trademark owner needs to be diligent in using the mark on the goods or services identified in the […]

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What can’t be trademarked?

What is an indicator of source? Not all words can be trademarked. In order for a term to function as a mark and thus qualify for registration, a mark must serve as an indicator of the source of origin of the relevant goods or services. If certain words or phrases fail to distinguish the source […]

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What is a trademark Office Action?

What is a trademark Office Action? A trademark Office Action is a letter issued by the USPTO examining attorney assigned to review your trademark application. All issues raised by a trademark examining attorney in an Office Action must be adequately addressed to avoid abandonment of the trademark application. Has my trademark application been rejected? Receiving […]

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How much does a trademark application cost?

How much is the initial filing price of a trademark application? For a single class of goods or services, our firm’s price for the initial filing of a USPTO trademark application is $1,000, including a flat rate of $725 for our attorney’s fee plus a USPTO filing fee of $275. This initial filing price includes […]

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