Can the same trademark be registered by others in a different country?

Same trademark, different country It is possible for others to register a US trademark in a foreign country. A US trademark registration does not block others from registering the same mark outside the US. Trademark rights are territorial. A US trademark registration does not extend beyond geographical limits of the United States. If you own […]

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What is the USPTO Consistency Initiative for trademark filings?

Has trademark examination become more inconsistent? Trademarks share a common feature with patents in that a trademark must be different in order to be registered. It might be fair to say that all IP assets must have a minimal degree of distinctiveness to be protectable. If an idea, name or artistic work is not innovative, […]

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Why an early trademark filing date matters

Why does an early trademark filing date matter? US trademark law generally regards the first trademark user, and not the filer, as the rightful owner. This distinction makes the US different from many foreign countries which provide the first filer with trademark rights. So if earlier trademark use is the determining factor, why should a […]

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What is a word mark?

How should you file your trademark application? A word mark refers to the type of trademark that can be registered. Also known as a standard character mark, a word mark does not mean that the trademark lacks any stylization. Nearly all trademarks have some degree of design. Filing a trademark application for a standard character […]

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Does your international company need a US trademark attorney?

Is an international company required to use a US attorney for US trademark applications? Yes, the USPTO requires all international companies (i.e., domiciled in a foreign country) to use a US attorney to file or otherwise prosecute trademark applications. This rule applies to Office Action responses, trademark registration renewals and maintenance, and TTAB trademark oppositions […]

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What are acceptable trademark clothing specimens of use?

What kinds of trademark clothing specimens are acceptable? An acceptable specimen of use for trademark application covering clothing items can be especially tricky. USPTO trademark examining attorneys want to see the mark in certain areas for articles of clothing that might not be obvious. Merely showing the mark on the front of the clothing item […]

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What are acceptable trademark web specimens?

What makes trademark web specimens tricky? Nowadays, it would seem unusual if a company does not sell any of its goods online. Sure, certain big ticket items may not be suitable for ecommerce, but such expensive products would not represent the typical purchases made by most consumers on a regular basis. The reality is that […]

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How to Choose a Trademark

What will be the name of your product? Choosing a trademark for your product can be more challenging than it seems. You may have already overcome the toughest hurdle of developing the product, so what can be so difficult about creating a name for it? Two key issues tend to come up whenever you try […]

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Can you register a misspelled trademark?

Can you register a misspelled trademark? Misspelled words can become registered trademarks, but not necessarily because of the misspelling. USPTO trademark examining attorneys will look into phonetic equivalents and the meaning of the term as properly spelled. If the similarly sounding word (as correctly spelled) would raise issues, such as mere descriptiveness or likelihood of […]

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How to Trademark a Name or Word

How do you trademark a name or a word? If you want to obtain a US trademark registration for a business or product name, you should get familiar with important basics of the trademark application process. A practical understanding of the following core concepts will be valuable even as you work with an IP attorney: […]

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