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 […]

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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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What is trademark priority?

Trademark Priority: Determining Who Was First Trademark rights in the US generally belong to the one who was first to use the mark in commerce. Whoever was first to sell goods or services under a particular mark will typically be deemed the rightful trademark owner. There are some exceptions to the rule (see below), but […]

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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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What Happens If an Applicant Loses a TTAB Trademark Opposition?

What are the results of losing a TTAB trademark opposition? Say you’ve applied for a trademark and everything goes smoothly as your examining attorney approves the mark. So you wait through 30-day period when your trademark is published for opposition and hope no one challenges your mark. Unfortunately, a third party believes your trademark will cause a likelihood of confusion with […]

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