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 […]

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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 […]

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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 […]

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What is a design mark application?

What is a design mark application? If you were asked to conjure up the first trademark that comes to mind, what would you see? A logo with wording? Trademarks typically consist of combinations of wording and design features. This word-plus-design combo is known as a “composite mark” in trademark lingo. If you are thinking of […]

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Why request to divide a trademark application?

What is a request to divide a trademark application? We tend to think of trademark applications as “all or nothing,” that a mark is either allowed or rejected. There are times when a trademark application can get more complicated especially when multiple goods or services are involved. A request to divide will split an original […]

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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 strategy: 5 steps to optimize chances of registration

How to develop a trademark strategy that will improve chances of registering your mark A successful trademark registration will depend a great deal upon the preliminary work done before filing the application. The more you can avoid potential obstacles and reduce risk upfront, the greater the chance of a smooth application process. Here are practical […]

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