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 […]
Category: Trademark Registration
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 […]
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 […]
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 […]
Trademark application: What is the most important factor in registering a mark?
What is the #1 factor in filing a trademark application? For many businesses thinking of registering a trademark, cost is the biggest factor. It is often the first and only question asked of our trademark filing services. I’m not surprised. Trademark filings have become commoditized. So it’s no surprise that would-be filers are searching for […]
How to Trademark in Metaverse: Is it possible to register trademarks for virtual goods?
Is it possible to register a trademark in the metaverse? Times are changing. What may have been unimaginable years ago has become a genuine concern for trademark owners who care about the virtual world. Yes, you can register trademarks for virtual goods with the USPTO. If you already own registered trademarks for goods and services […]
Smarter Trademark Response: What are more effective ways to respond to a trademark Office Action?
What are smarter ways to respond to trademark Office Actions? Though you hate to see them, Office Actions are fairly common in USPTO trademark applications. While much can be done upfront to minimize the risk of a trademark refusal, you sometimes get a trademark rejection no matter how hard you tried to avoid it. If […]
How to Expedite Trademark Application: When and how can you speed up your trademark examination process?
Can you expedite a US trademark application? The short answer is probably not unless you have a really good excuse. While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. To speed up […]
Substitute specimens: How to show trademark use when original specimens rejected
Why the need for substitute specimens of use? If you’ve encountered a rejection of your trademark specimens of use, then you know what I’m talking about. Substitute specimens. Why and when do they come into play? What exactly are substitute specimens? What are the timing requirements? Can you create new specimens in time? You have […]
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 […]