Trademark mutilation and phantom mark: Say what?

When can the issues of trademark mutilation and phantom marks become a problem? Whenever there is a discrepancy between the mark drawn in the application and the specimens showing actual use of the mark, the issues of trademark mutilation and phantom marks may come into play. As discussed in further detail below, mutilation refers to […]

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Rejected trademark specimens: What to do

Why trademark specimens of use get rejected Back in the old days when paper trademark applications were filed via snail mail, original specimens of use were mailed to the USPTO. The physical specimens of use had to meet certain dimensional requirements, such as being flat or flattened, in order to avoid the hassle of dealing […]

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How to trademark books, DVDs and creative works

What are common problems in registering a trademark on books? Books, DVDs, CDs, films, videos and other media containing creative content are generally considered creative works. It’s natural for an author of a book or other creative work to think about protecting the title as a trademark. The specific challenge in trademarking creative works is […]

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What is an insurance extension request in an Intent-To-Use application?

What is an ITU insurance extension request? An insurance extension request is an optional request for a 6-month extension of time that can be filed in conjunction with a Statement of Use in an Intent-To-Use (ITU) trademark application. How many insurance extension requests can be filed? Only one insurance extension request can be filed in […]

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What are acceptable trademark specimens of use?

What is a trademark specimen of use? Trademarks do not exist in vacuums. One cannot simply register a mark without reference to specific goods or services sold under the mark. Generally, an applicant has to provide the USPTO with current examples of how the mark is used in the sale of the specific products and/or services identified […]

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What is trademark use in commerce?

What is use in commerce? To establish trademark rights in the U.S., a trademark owner must be the first to use a mark in commerce on particular goods or services. ┬áIn a trademark application for federal protection, the USPTO will ask for the date the mark was first used anywhere, and the date the mark […]

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