What are the new trademark filing rules for 2020?

What are the new USPTO trademark filing rules in 2020? Starting Feb. 15, 2020, certain mandatory requirements for trademark filings will take effect. These changes to trademark filing rules pertain mostly to communications with the USPTO and specimens of use. The new trademark filing rules will require nearly all new trademark applications to be filed […]

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Trademark mutilation and phantom mark: Say what?

When can the issues of trademark mutilation and phantom marks become a problem? Whenever there is a discrepancy between the mark drawn in the application and the specimens showing actual use of the mark, the issues of trademark mutilation and phantom marks may come into play. As discussed in further detail below, mutilation refers to […]

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Rejected trademark specimens: What to do

Why do trademark specimens get rejected? Back in the old days when paper trademark applications were filed via snail mail, original specimens of use were mailed to the USPTO. The physical specimens of use had to meet certain dimensional requirements, such as being flat or flattened, in order to avoid the hassle of dealing with […]

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How to trademark books, DVDs and creative works

What are common problems in registering a trademark on books? Books, DVDs, CDs, films, videos and other media containing creative content are generally considered creative works. It’s natural for an author of a book or other creative work to think about protecting the title as a trademark. So why is it so hard to trademark […]

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What are acceptable trademark specimens of use?

What is a trademark specimen of use? A trademark must always be tied to a particular product or service. Trademarks do not exist in the abstract. Though a trademark may start as a creation of the mind, it cannot remain in the mind to be protectable. One cannot simply claim rights to a name without […]

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What is trademark use in commerce?

What is use in commerce? To establish trademark rights in the US, a trademark owner generally must be the first to use a mark in commerce on particular goods or services. There are a few exceptions to this general rule such as when the applicant owns a foreign registration or files an Intent-To-Use application. In […]

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