What is a final refusal to register? Is a twice-rejected trademark application the end of the road? When you receive a second Office Action maintaining a refusal to register, does it make any sense to pursue another response. So you responded to the first rejection by filing a response to a non-final Office Action. In […]
Category: Trademark Registration
How much does a TMA petition for trademark nonuse cost?
What is a TMA petition based on trademark nonuse? Third parties can now file petitions to remove some or all of the non-used goods or services in a trademark registration without going through the more expensive and lengthy process of a TTAB trademark cancellation. Under the Trademark Modernization Act (TMA), a petition may be filed […]
When does the Trademark Modernization Act go into effect?
Does the Trademark Modernization Act (TMA) have different starting dates? Yes, the Trademark Modernization Act has different effective dates depending upon the new rules. Some effective dates for TMA begin in December 2021 while other provisions go into effect in December 2022. When can third parties begin requesting cancellation of non-used trademark registrations? Third parties […]
What are nonuse trademark challenges under the Trademark Modernization Act (TMA)?
Why is nonuse of a trademark registration a problem? The US trademark registration system differs from those of foreign countries which do not require usage of their registered trademarks. In the US, a registered trademark must be used continuously on the goods or services identified in the registration. The problem arises when a trademark owner […]
How much does a foreign trademark cost to register?
How much does it cost to file a foreign trademark application? Foreign trademark costs vary widely. The biggest cost factors will be the countries in which you seek registration and the filing route you take. Generally, expect the initial filing cost to be roughly $2,000 to $4,000 per country. In Europe, you can file a […]
Can you refile a trademark application for the same goods and services?
Why would you file a second application for the same trademark on the same goods and services? There may be times when you run out of options on a trademark application. In an Intent-To-Use application, for example, you may have filed a Statement of Use that cannot be retracted. So if your original specimens have […]
Are trademark rights based on first to use or file?
Are US trademark rights based on first to use or file? Many foreign countries use a first-to-file system for trademark registration and protection. Whoever registers a trademark first has rights regardless of whether they were first to use the mark. In fact, some countries do not require any use to register a trademark or renew […]
What To Do When Your Trademark Registration Is Not Renewed
What happens when a trademark registration is not renewed? Trademark registrations have strict time periods for renewal. In trademark vocabulary, the process of “renewing” a registered trademark is known as post-registration maintenance. The time period for maintaining a registration is typically a 1-year window that begins and ends on very strict dates. If try to […]
Trademark Use vs. Registration: What is the difference?
Do you need a registration in order to use a trademark? No, there is no legal requirement to register or even apply for a mark before you can use it. In fact, it would be impossible in most cases to register a mark in the US before use. Unless a trademark application is based on […]
Who is the trademark applicant?
Who should be identified as the applicant in a trademark application? In every trademark application filed with the USPTO, an applicant must be properly identified. This seemingly straightforward question can be somewhat confusing for trademark filers. Should the company or the individual be identified? What if there are multiple individuals involved in the business? The […]