What is a trademark refusal?

What are the different types of trademark refusals? As much as you try to avoid it, you may receive a refusal to register your mark by the USPTO. Not all trademark refusals are the same. Some are based on similarities to prior registrations or pending applications. Other refusals may be based on descriptive qualities in […]

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Likelihood of confusion: Can a design mark be registrable over a word mark?

How does a design mark application compare 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 whereas […]

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What is the probability of a trademark rejection?

What is the probability of a trademark rejection or delay in a trademark application? According to the USPTO trademark dashboard, statistics show that about 43% of trademark applications filed via TEAS receive an approval without any refusals. So, less than half of trademark applications filed via TEAS will receive a “first action approval” or “first […]

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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 mark must not be “confusable” with any registrations owned by someone else. Pending applications filed by third parties with an earlier filing date might also cause your application to be […]

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