What is a trademark counterclaim? Is the best defense a strong offense? When it comes to TTAB oppositions and cancellations, it may make sense to consider filing a counterclaim against the plaintiff. Monetary relief is unavailable in TTAB proceedings. A potential TTAB counterclaim, therefore, will typically seek to cancel trademark registrations owned by the petitioner […]
Articles Tagged: trademark application
How to Respond to a Notice of Opposition to Your Trademark Application
What is a Notice of Opposition to your trademark application? When your trademark application is approved by the USPTO, it will be published for opposition. During that time period, a third party might oppose the registration of your trademark by filing a notice of opposition with the Trademark Trial and Appeal Board (TTAB). The opposition […]
What is a Section 1(a) use-based trademark application?
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 […]
TTAB Trademark Opposition: What You Should Know
Should you file a trademark opposition? A trademark application is close to the finish line. A few more days left in the publication period, and the mark will be on its way to registration. Should you file a Notice of Opposition with the Trademark Trial and Appeal Board (TTAB). What does a TTAB trademark opposition […]
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 […]
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 […]
Is a Request for Reconsideration an effective response to a trademark Final Office Action refusal?
What is a final refusal to register? Is a twice-rejected trademark application the end of the road? When you receive a second Office Action maintaining a refusal to register, does it make any sense to pursue another response. So you responded to the first rejection by filing a response to a non-final Office Action. In […]
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 […]
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 […]
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 […]