How To Avoid Trademark Confusion

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 […]

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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. […]

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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 […]

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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 […]

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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 […]

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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 […]

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