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). […]