What is a trademark refusal?

What are the different types of trademark refusals? As much as you try to avoid it, you may receive a refusal to register your mark by the USPTO. Not all trademark refusals are the same. Some are based on similarities to prior registrations or pending applications. Other refusals may be based on descriptive qualities in […]

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What are allowable claims?

What are allowed or allowable claims in a utility patent application? The goal of filing a utility patent application is to get an allowance of claims with reasonably broad scope. If you have received a Notice of Allowance or Office Action identifying certain allowable claims, then congratulations. That is no small feat. But, the patent […]

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How can you prepare your PCT application for US national stage entry?

How can a PCT application be optimized for US national stage entry? PCT applications are typically filed in the country of the applicant or with International Bureau. Though an applicant may desire international patent protection, the PCT application is usually drafted by the local patent counsel in the applicant’s home country. So a PCT application […]

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How can a design mark be distinguishable and registrable over a word mark?

How will a design mark application be compared to a word mark registration? To register a trademark containing numbers and/or letters, a trademark application may typically be filed for the word mark (standard characters) or the design mark (e.g., logo). As discussed in this post on their differences, a word mark application covers the wording […]

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Do you need a prototype before filing a patent?

Do you need a prototype before a patent is filed? No, you do not need to build a working prototype before filing a patent application. However, it helps to think through all the details of what it would take to build your product. Describing your invention in writing with as much detail as possible will […]

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What is your design patent probability of success?

What are your chances of getting a design patent? A helpful way to estimate your probability of success in obtaining a US design patent is to consider the average design allowance rate which is the percentage of design patent applications allowed by the USPTO. In fiscal year 2021, the design allowance rate was over 85%. […]

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Trademark Audit: How to lose your trademark registration

What is a trademark audit? A trademark audit is a USPTO program to check random trademark registrations to see if the registered trademark is still in use. Known as the Post Registration Audit Program, the goal of the USPTO is to bolster the accuracy and reliability of its trademark register. Audits give the USPTO a […]

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