Prior-filed application: How to deal with suspension

What is a prior-filed application? A prior-filed application is a trademark application with an earlier filing date than yours. If the USPTO trademark examining attorney sees a potential likelihood of confusion between your mark and that of the earlier-filed application, the examining attorney will note the prior-pending application in an Office Action [see TMEP 716.02(c)]. […]

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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┬álogos used in connection with the sale of goods or services. In rare cases, a trademark may […]

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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 to Respond to a Trademark Office Action

What is a trademark Office Action? A trademark Office Action is a letter issued by the USPTO examining attorney reviewing your trademark application (i.e., the trademark examiner). There are generally two types of Office Actions: those that refuse registration; and those that merely seek clarification. What are substantive vs. non-substantive trademark Office Actions? Office Actions […]

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