What is a design mark application?

What is a design mark application? If you were asked to conjure up the first trademark that comes to mind, what would you see? A logo with wording? Trademarks typically consist of combinations of wording and design features. This word-plus-design combo is known as a “composite mark” in trademark lingo. If you are thinking of […]

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Why request to divide a trademark application?

What is a request to divide a trademark application? We tend to think of trademark applications as “all or nothing,” that a mark is either allowed or rejected. There are times when a trademark application can get more complicated especially when multiple goods or services are involved. A request to divide will split an original […]

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What are the new trademark filing rules for 2020?

What are the new USPTO trademark filing rules in 2020? Starting Feb. 15, 2020, certain mandatory requirements for trademark filings will take effect. These changes to trademark filing rules pertain mostly to communications with the USPTO and specimens of use. The new trademark filing rules will require nearly all new trademark applications to be filed […]

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Trademark strategy: 5 steps to optimize chances of registration

How to develop a trademark strategy that will improve chances of registering your mark A successful trademark registration will depend a great deal upon the preliminary work done before filing the application. The more you can avoid potential obstacles and reduce risk upfront, the greater the chance of a smooth application process. Here are practical […]

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What we need to file your trademark application

What information do you need to provide for us to file your trademark application? Since we get these questions all the time, we thought it would be helpful to provide a simple guide on what we need to file your trademark application. Certain parts of the trademark application will require strategic considerations, so give careful […]

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Do I need to register or apply for a trademark before using it?

There is no requirement to apply for a trademark prior to using it. Trademark rights in the U.S. are granted to the first one who uses a mark in commerce on particular goods or services, not to those who are first to file with the exception of Intent-To-Use applications that ultimately mature into registrations. If you’re […]

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What is trademark use in commerce?

What is use in commerce? To establish trademark rights in the US, a trademark owner generally must be the first to use a mark in commerce on particular goods or services. There are a few exceptions to this general rule such as when the applicant owns a foreign registration or files an Intent-To-Use application. In […]

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What are substantive vs. non-substantive trademark Office Actions?

What is a non-substantive trademark Office Action? Non-substantive trademark Office Actions are letters issued by USPTO examining attorneys that do not necessarily refuse registration of the mark. Such Office Actions typically do not require significant legal research or argument. For example, any of the following reasons may lead to a non-substantive Office Action (what I […]

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What is an Intent-To-Use (ITU) trademark application?

What is an ITU application? An Intent-To-Use trademark application (ITU application) allows an applicant to apply for a trademark that has not yet been used in commerce. Use in commerce refers to the usage of your trademark in connection with selling or offering the relevant goods or services. After the initial filing, the applicant must […]

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