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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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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What is trademark monitoring?

What is a trademark monitoring service? A trademark monitoring service can notify you of trademark applications by third parties that may be similar to your trademarks. There are a variety of trademark monitoring services that range from US to worldwide, and from federal filings to federal and state. When do you need a trademark monitoring […]

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Trademark application rejections: Reasons why and how to respond

Why do trademark applications get rejected? Most trademark applications are not approved on their first go-around according to USPTO trademark statistics. Only 34.4% of TEAS Plus applications and 16.3% of TEAS RF applications receive a “first action approval” (as of the date of this post). That means that Office Actions are issued against the vast […]

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What is a trademark consent agreement?

What is a trademark consent agreement? A trademark consent agreement is a written agreement between two trademark owners stating that their respective marks are not confusingly similar. Also known as a trademark coexistence agreement, the discussion of coexistence often arises in the context of settling a trademark dispute (such as a TTAB trademark opposition or […]

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What is trademark priority?

Trademark Priority: Determining Who Was First Trademark rights in the US generally belong to the one who was first to use the mark in commerce. Whoever was first to sell goods or services under a particular mark will typically be deemed the rightful trademark owner. This is known as trademark priority. There are some exceptions […]

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What is likelihood of confusion?

What is the purpose of a trademark? A trademark serves to indicate the source of goods or services (in this post, I’ll refer to both goods and services collectively as “products” for simplicity). A trademark may comprise words and/or logos used in connection with the sale of goods or services. In rare cases, a trademark […]

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What can go wrong if you lose a TTAB trademark case?

What are the consequences of losing a TTAB trademark opposition or cancellation? So you have applied to register a trademark and everything has proceeded smoothly so far as your examining attorney has approved the mark. You now wait through 30-day period when your trademark is published for opposition and hope no one challenges your mark. Unfortunately, a third […]

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