trademark attorney

How to Match Specimens of Use with Your Applied-for Trademark

What exactly is the applied-for mark in your trademark application or registration? One of the most common errors in a trademark application is a mismatch…

Final Rejection: How to Respond to a Trademark Final Office Action

What is a final trademark rejection or Final Office Action? Known as a Final Office Action, a final trademark rejection is typically a second rejection…

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:…

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…

USPTO Consistency Initiative: What can you do about inconsistent trademark examination?

Has trademark examination become more inconsistent? Trademarks share a common feature with patents in that a trademark must be different in order to be registered.…

What is the delay defense (laches) in a TTAB trademark cancellation?

What is laches? Laches is a fancy legal term meaning delay. If there has been delay in filing a TTAB trademark cancellation, laches might be…

What is a TTAB summary judgment motion?

What is a TTAB summary judgment motion? A TTAB summary judgment motion is a pretrial filing made to request an earlier decision in a trademark…

Why Does An Earlier Trademark Filing Date Matter?

Why does an early trademark filing date matter? Why would it matter to be the first to file your trademark application with the USPTO? US…

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…

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.” In particular, we think of…

Should you apply for a trademark in color?

What is a color claim in trademark application? Color is an issue only when dealing with design marks, such as logos, that have elements of…

How to Respond to a Trademark Audit

What is a trademark audit? The USPTO has implemented a process to audit the renewal of trademark registrations. It is called the Trademark Post Registration…

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