What is a Section 1(a) use-based trademark application?

What is a use-based trademark application? A trademark application must always identify whether the mark has already been used on the goods or services. One common problem is that trademark filers think their mark has been used when, in fact, the opposite is true. The question of whether a trademark has actually been used can […]

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Can you register an acronym trademark?

Can you trademark an acronym? Acronyms are everywhere. They are like code language for those in the know. Even in the intellectual property world, our vernacular is filled with initialism. It can sound rather comical. “Yeah, my IP attorney said we got an OA with 101 and 103 rejections even though we filed PPH based […]

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How to Cancel a Trademark Registration

How to Cancel a Registered Trademark As recently as a year ago, this article would have been written quite differently. A trademark cancellation filed with the TTAB would have been the only procedure to discuss. We’ll certainly delve into a TTAB cancellation in this post, but we now have a couple more ways to cancel […]

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What is a common law trademark?

How are trademark rights determined in the US? In the US, trademark rights are generally given to the first one to use a mark. Except for a few limited circumstances, the first user is the rightful trademark owner in the US. A common law trademark refers to the rights belonging to the first person or […]

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Expungement vs. Reexamination: What are the differences?

When would an expungement or reexamination be available? These two fancy names bear good news for trademark challengers. Anyone thinking of canceling a trademark registration should be encouraged by the Trademark Modernization Act. Known as TMA, the new rules give IP owners more cost-effective ways to attack trademark registrations based on non-use. This post will […]

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