The following are the general steps to trademark a phrase. The first thing to recognize when you trademark a phrase is that you cannot protect a phrase in a vacuum. What this means is that to protect your trademark, the phrase must be used in connection with the advertising of some product or service you […]
A common question asked is, how to trademark a phrase? To answer this question, one needs to first understand what a trademark is and is not. A trademark is a source identifier – it is a word, symbol, logo or any other “device” (including smell and sound) that is used to notify the consumer that […]
What are USPTO Office Actions More than 300,000 trademarks are filed annually with the United States Patent and Trademark Office (USPTO). A very high percentage of those trademarks filed with the USPTO receive an “Office Action.” An Office Action is a preliminary refusal. It is a notice to the applicant that the USPTO examiner reviewing […]
If you have gotten a Trademark Office action from the United States Patent and Trademark Office (USPTO), you may be at a loss as to how to respond to an office action, what evidence you will need or what format everything needs to be in. This letter is telling you that you have an issue with your application, […]
Trademark Issue 2(f) , or Acquired Distinctiveness, is one of the most common reasons a trademark application is refused on the Principle Register of the United States Patent and Trademark Office (USPTO). When the mark is not inherently distinctive, or lacks secondary meaning, a trademark application is refused under this category. An Acquired Distinctiveness claim may […]
Definition of Trademark Issue 2(e) About 3 months after filing a trademark at the USPTO, the trademark application gets assigned to an Examining Attorney. The Examining Attorney will review the trademark for filing formalities and will also conduct internal trademark conflict searches (or clearance searches). During the Examining Attorney’s review of the proposed trademark, the […]
With Trademark Issue 2(d) – Likelihood of Confusion, the owner of a particular trademark is the only one allowed to use it. If someone else uses the trademark – or something that looks similar – this person will be prohibited by law from continuing to use it if there is a “likelihood of confusion”: i.e. […]
A trademark is – or includes – “immoral, deceptive, or scandalous matter”, if it is – or has something that is – “shocking to the sense of truth, decency, or propriety; disgraceful; offensive; disreputable; . . . giving offense to the conscience or moral feelings” and should be condemned. (from the case,In re Riverbank Canning). […]
Did your trademark case receive notification that stated “refusal reversed”? If a person applies for the registration of a trademark, the application is first sent to an evaluating attorney. This attorney will then conduct a trademark search of the records maintained by the United States Patent and Trademark Office and look for any possible conflicts […]
The decision of “Refusal Affirmed” in Trademark law primarily refers to the denial of registration and more importantly, the renewal of a Trademark, an aspect that can be caused by a broad range of issues as stipulated by this law. The following reasons often cause “Refusal Affirmed” for an applicant; One of the most likely […]
Was your letter from the United States Trademark Trial and Appeal Board marked “petition to cancel granted” and you are unsure of what that means? Obtaining a Trademark for a business, product, or idea is one of the most exhilarating steps on the way to success for any entrepreneur. A trademark puts the final stamp […]
Did your office action contain a notice stating the trademark decision petition to cancel denied? A trademark refers to a legally registered symbol or logo identifying the manufacturer or distributor of a novel or subsisting product. Once registered, the proprietor of a trademark is vested with exclusive rights flowing from it. The owner of the trademark […]
To answer this question, you should understand all parts of it. First… To be successful in business, the right image has to be developed for sending the right message to the consumers. Therefore, every business has to develop a unique identity known as “Trademark.” The trademark could be a word, phrase, or logo that can […]
Trademark Application Cancellation refers to the process by which one party (plaintiff) seeks to have trademark registration agreement cancelled. This usually occurs when one party feels that the trademark agreement is not benefiting him or hurting his business in one way or another and is handled in the response to the office action. Any person […]
What does it mean when the office action says trademark application opposed? A trademark is defined as a recognizable design, logo, sign or phrase that identifies particular products and services. This means that a trademark will enable us to distinguish between products of different sources. A trademark owner may be a business entity, individual or a […]
Concurrent use is a term which refers to federal trademark registration of similar mark to 2 or more parties that are not related. Each party has a trademark registration which is limited to a particular geographical area.Under normal circumstances, the party that becomes the first one to adopt a particular trademark retains the exclusive right […]