What is a final refusal to register? Is a twice-rejected trademark application the end of the road? When you receive a second Office Action maintaining a refusal to register, does it make any sense to pursue another response. So you responded to the first rejection by filing a response to a non-final Office Action. In […]
Articles Tagged: trademark registration
How much does a TMA petition for trademark nonuse cost?
What is a TMA petition based on trademark nonuse? Third parties can now file petitions to remove some or all of the non-used goods or services in a trademark registration without going through the more expensive and lengthy process of a TTAB trademark cancellation. Under the Trademark Modernization Act (TMA), a petition may be filed […]
What are nonuse trademark challenges under the Trademark Modernization Act (TMA)?
Why is nonuse of a trademark registration a problem? The US trademark registration system differs from those of foreign countries which do not require usage of their registered trademarks. In the US, a registered trademark must be used continuously on the goods or services identified in the registration. The problem arises when a trademark owner […]
Trademark Use vs. Registration: What is the difference?
Do you need a registration in order to use a trademark? No, there is no legal requirement to register or even apply for a mark before you can use it. In fact, it would be impossible in most cases to register a mark in the US before use. Unless a trademark application is based on […]
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 […]
How to Trademark a Logo
Can you register a trademark for your logo? A well designed logo can mean so much to your business. It can embody not only what your product is, but also the way in which you conduct business. Perhaps your logo speaks to the character of your team. A distinctive logo can set you apart from […]
How can a design mark be distinguishable and registrable over a word mark?
How will a design mark application be compared to a word mark registration? To register a trademark containing numbers and/or letters, a trademark application may typically be filed for the word mark (standard characters) or the design mark (e.g., logo). As discussed in this post on their differences, a word mark application covers the wording […]
Trademark Audit: How to lose your trademark registration
What is a trademark audit? A trademark audit is a USPTO program to check random trademark registrations to see if the registered trademark is still in use. Known as the Post Registration Audit Program, the goal of the USPTO is to bolster the accuracy and reliability of its trademark register. Audits give the USPTO a […]
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 […]
How to Choose a Trademark
What will be the name of your product? Choosing a trademark for your product can be more challenging than it seems. You may have already overcome the toughest hurdle of developing the product, so what can be so difficult about creating a name for it? Two key issues tend to come up whenever you try […]