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 […]
Category: Trademark Registration
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 […]
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 […]
How to Trademark a Logo
Can you register a trademark for your logo? A well designed logo can mean so much to your business. It can embody not only what your product is, but also the way in which you conduct business. Perhaps your logo speaks to the character of your team. A distinctive logo can set you apart from […]
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 […]
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 […]
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 […]
What if specimens do not match the mark in your trademark application drawing?
What exactly is the mark filed in your trademark application or registration? One of the most common errors in a trademark application is a mismatch between the mark shown in a trademark application drawing and the mark shown in submitted specimens. The USPTO rule is that the specimens of use must display a mark that […]
Final trademark rejection: What are your options in responding to a Final Office Action?
What is a final trademark refusal or Final Office Action? Known as a Final Office Action, a final trademark rejection is typically a second rejection of a trademark application following the applicant’s response to the first rejection. A Final Office Action will contain the same grounds asserted in the Non-final Office Action. This second refusal […]
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 […]