What are similar trademarks? Maybe it’s just me, but it sure seems like the USPTO has become more aggressive in refusing registration of trademarks. The reason has to do with registrations of similar marks. Known as likelihood of confusion or a Section 2(d) refusal, this is one of the most common reasons why trademark applications […]
Articles Tagged: trademark registration
What is my trademark allowance rate?
Nearly 80% approval rate: What does my trademark allowance rate mean? As of early 2023, my trademark allowance rate is 78.8%. So my trademark approval average is nearly 4 out of every 5 trademark applications. Why does this matter? As discussed below, more than half of all US trademark applications will get rejected or questioned. […]
Trademark Counterclaim: A Counterattack for TTAB Oppositions and Cancellations
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 […]
How to Cancel a Trademark Registration
How to Cancel a Registered Trademark As recently as a year ago, this article would have been written quite differently. A trademark cancellation filed with the TTAB would have been the only procedure to discuss. We’ll certainly delve into a TTAB cancellation in this post, but we now have a couple more ways to cancel […]
How to Deal with a Counterfeit Product or Claim
What is the difference between counterfeiting and trademark infringing? Is it fake? Whether or not a product is a counterfeit boils down to the degree of similarity. Are you dealing with a fraudulent imitation? If so, it might be a counterfeit. The difference between trademark infringement and counterfeiting is a matter of the extent of […]
What is a common law trademark?
How are trademark rights determined in the US? In the US, trademark rights are generally given to the first one to use a mark. Except for a few limited circumstances, the first user is the rightful trademark owner in the US. A common law trademark refers to the rights belonging to the first person or […]
How to Trademark in Metaverse: Is it possible to register trademarks for virtual goods?
Is it possible to register a trademark in the metaverse? Times are changing. What may have been unimaginable years ago has become a genuine concern for trademark owners who care about the virtual world. Yes, you can register trademarks for virtual goods with the USPTO. If you already own registered trademarks for goods and services […]
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 […]
How to Expedite Trademark Application: When and how can you speed up your trademark examination process?
Can you expedite a US trademark application? The short answer is probably not unless you have a really good excuse. While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. To speed up […]
Substitute specimens: How to show trademark use when original specimens rejected
Why the need for substitute specimens of use? If you’ve encountered a rejection of your trademark specimens of use, then you know what I’m talking about. Substitute specimens. Why and when do they come into play? What exactly are substitute specimens? What are the timing requirements? Can you create new specimens in time? You have […]