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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What is the probability of a trademark rejection?

What is the probability of a trademark rejection or delay in a trademark application? According to the USPTO trademark dashboard, statistics show that about 43% of trademark applications filed via TEAS receive an approval without any Office Actions. So, less than half of trademark applications filed via TEAS will receive a “first action approval” or […]

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What is a failure to function as a trademark refusal?

What is a refusal based on a failure to function as a trademark? A certain type of trademark rejection seems to be occurring more frequently: the refusal based on a failure to function as a trademark. While it might not be as common as likelihood of confusion or mere descriptiveness, this failure to function trademark […]

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What are confusable trademarks and examples of non-confusable trademarks?

What does confusable mean? To be registrable, a mark must not have a likelihood of confusion with any registered trademarks. In other words, an applied-for mark must not be “confusable” with any registrations owned by someone else. Pending applications filed by third parties with an earlier filing date might also cause your application to be […]

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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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