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 […]

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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 […]

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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 […]

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Who is the trademark examining attorney?

Is the trademark examiner a licensed attorney? Yes, trademark examiners at the USPTO are licensed attorneys at law. That is why they are called examining attorneys as opposed to trademark examiners. Unlike a patent examiner who most likely did not go to law school, your trademark application will be reviewed by an examining attorney who […]

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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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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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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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