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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What we need to file your trademark application

What information do you need to provide for us to file your trademark application? Since we get these questions all the time, we thought it would be helpful to provide a simple guide on what we need to file your trademark application. Certain parts of the trademark application will require strategic considerations, so give careful […]

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What is a trademark Notice of Publication (published for opposition)?

What is a trademark Notice of Publication? A Notice of Publication in a trademark application is good news for the applicant. It means that the trademark application has received preliminary approval by the USPTO trademark examining attorney, i.e., the trademark examiner. The applicant is one step closer to a trademark registration. Before reaching registration, however, […]

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Should you file a trademark first before using it?

Use or file trademark first? You do not have to apply for a trademark prior to using it. In most cases, trademark rights in the US are granted to the first one who uses a mark in commerce on particular goods or services. US trademark law recognizes the first user. Before you breathe a sigh of […]

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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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What is a trademark rejection?

What is a trademark rejection? Not all trademark Office Actions are the same. Your application may receive a trademark rejection, or a registration refusal, which will require greater effort to overcome. On the other hand, an Office Action may be issued in your trademark application raising minor issues that can be resolved without arguments. Let’s […]

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