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Trademark Law
- USPTO Updated Policies
- USPTO Fees Increase Effective January 18, 2025
- New Response Period for Trademark Office Actions
- Trademark Changes being implemented in December 2021 & 2022
- New USPTO Proceedings: Expungement & Reexamination
- USPTO Adjusts Trademark Filing Fees Effective January 2, 2021
- How Trademark Rights May Be Impacted by Coronavirus Outbreak
- Trademark Basics
- The Benefits of Using a Trademark Attorney for Trademark Registration
- Who Should Be the Owner of a Trademark?
- The Importance of Naming the Proper Trademark Owner
- Joint Trademark Ownership
- + Why It Is Critical to Conduct a Clearance Search Prior to Registering a Trademark
- What Is a Service Mark and How Can It Be Protected?
- What Is Trade Dress and How Can It Be Protected?
- What Is a Unitary Trademark?
- Protecting Your Trademark
- Can Abbreviations and Acronyms Be Protected Under U.S Trademark Law?
- Incontestable Trademarks
- Standard Character Marks (Word Marks) v. Special Format Marks (Design Marks)
- Simple Trademark Rules and Considerations
- Frequently Asked Questions
- Trademark Tips
- Trademark Protection For Hemp & CBD Products & Services
- Distinctiveness
- Geographic Terms as Marks
- Examples of When Trademarks Can and Cannot Incorporate Geographic Terms
- The Importance of Selecting a Distinctive and an Inventive Trademark
- Disadvantages of Descriptive Trademarks
- Trademark Application Refusal Based on Descriptiveness & Deceptiveness
- Trademark Refusal for Failing to Function as a Trademark
- Overcoming a Merely Descriptive Refusal
- Factors to Be Considered When Determining If a Mark Is Descriptive
- Evidence Examining Attorneys Use to Prove Merely Descriptiveness
- Generic Terms
- Merely Descriptive or Generic?
- USPTO Updates Policy (May 2022) For Generic Refusals
- How to Prevail on a Refusal Based on Ornamentation
- What Is Acquired Distinctiveness & Secondary Meaning?
- Claiming Acquired Distinctiveness in Part
- Situations Where the Issue of Secondary Meaning Arises
- Using 'Other Evidence' to Show Acquired Distinctiveness
- Five Years of Use Can Demonstrate Distinctiveness
- Can Universal Symbols Function as Trademarks?
- Can You Use Your Name as a Trademark?
- Book Titles and Titles of Single Creative Works
- Names of Authors, Artists, Characters and Depictions of Characters
- When Will Acronyms Be Considered Merely Descriptive?
- Hashtags Have No Trademark Significance
- Beware of Using Trademarks as Hashtags
- The Functionality Doctrine of Trade Dress
- Celebrity Branding - Famous Names as Trademarks
- How Do Musical Artists Trademark Their Names?
- Using Secondary Source to Show a Mark Functions as a Trademark
- Trademark Use
- For the Purposes of Trademark Law What Is Use in Commerce?
- Trademark Use Must Be Lawful Use in Commerce
- How Does an Applicant Prove a Bona Fide Intent to Use a Trademark
- Failing to Prove a Bona Fide Intent to Use Can Be Fatal
- Technical Trademark Use v. Use-Analogous-to-Trademark Use & Trade Name Use
- What Type of Use Will Qualify for Use Analogous to Trademark Use
- Use of Trademarks in Advertising
- Trademark Use by Trademark Applicant's Related Company
- Trademark Use on the Internet
- Internet Evidence and Trademark Prosecutions and Proceedings
- How to Avoid Fraud on the USPTO
- A Recent Precedential Fraud Finding
- Dates of Use in a Trademark Application
- Specimens - Look Simple But Can Be Tricky
- Specimen Rule Changes at The USPTO
- The USPTO is Strictly Reviewing Specimens
- Likelihood of Confusion
- Likelihood of Confusion Refusals – 2(d) Refusals
- Trademarks and Source Confusion
- Overcoming a Likelihood of Confusion Refusal
- Persuasive Evidence to Overcome a 2(d) Refusal
- Overcoming a 2(d) Refusal With the Crowded Field Argument
- The Sixth Du Pont Factor - Commercial and Inherent Strength or Weakness
- Similar Trademarks Used on Similar Goods
- Similarities in Trademarks
- The Importance of the Relatedness of the Goods or Services
- How to Prove the Relatedness of the Goods or Services
- When to Challenge an Examining Attorney on the Relatedness Factor
- Challenging Third-Party Registrations In A 2(d) Refusal
- Retailers Selling a Wide Range of Goods Doesn't Prove Relatedness
- 2(d) Decisions Often Turn On Relatedness Evidence
- Other Considerations in a Likelihood of Confusion Analysis
- CAFC Reminds the Board of the Importance of the Sixth DuPont Factor
- Famous Trademarks Receive a Broader Scope of Protection
- Consent Agreements May Be Rejected by the USPTO
- Trade Channels and Likelihood of Confusion
- Likelihood of Confusion Fame v. Dilution Fame
- Design Marks and Likelihood of Confusion
- Registration
- New Rules for Trademark Prosecutions
- New Trademark Rules Impacting Petitions to Revive and Requests to Reinstate
- Requests for Extensions of Time to File Statements of Use
- + Collective Trademarks
- Wines, Spirits & Trademarks
- Why Register a Trademark in the U.S.?
- The U.S. Trademark Application
- Determining Which Filing Basis Is Appropriate for Your U.S. Trademark Application
- An Applicant May Have Multiple Bases for a Trademark Application
- Filing Under Section 44(d) of the Trademark Act
- Filing Your Trademark on the Principal Register and Supplemental Register
- A Comprehensive Overview of the Supplemental Register
- Acceptable Trademark Specimens
- Electronic Displays as Specimens
- Office Actions
- What Is a Drawing Page?
- State Trademark Registration
- Examples of When Trademarks Can and Cannot Incorporate Geographic Terms
- Trademarks That Falsely Suggest a Connection With Other Persons
- Trademark Disclaimers
- The Trademark Doctrine of Foreign Equivalents
- Consequences of Abandoning a Trademark Application or Withdrawing a TTAB Proceeding
- Is It Possible to Revive an Abandoned Trademark Application?
- Design Trademarks and How They Are Treated by Examining Attorneys
- What You Need to Know to Register a Certification Trademark
- Registering a Service Mark at the USPTO
- Requirements for a Trade Dress Application and Expanding Protection to Websites
- Request for Reconsideration
- Amending Your Trademark Application to the Supplemental Register
- Common Grounds for Refusal of a Trademark
- Conflicting Marks in Pending Trademark Applications
- Immoral and Scandalous Trademarks
- Trademark Applications That Are Designated 'Special'
- Why an Applicant Would Divide a Trademark Application
- Why Might a Trade Dress Application Be Refused
- A Trademark Application Must Be Filed by the Trademark Owner
- Letters of Protest
- Artistic Logos May Receive Trademark and Copyright Protection
- Trademark Use on Amazon.com
- Trademark Rights Are Territorial
- Why Register a Trademark Outside of The U.S.?
- International Trademark Filings
- USPTO Requirements for an International Trademark Application
- + Madrid Protocol Trademark Filings
- Holders of International Trademark Registrations Extending Protection to the U.S.
- Designation of Goods and Services in 66(a) Applications
- In Which Countries Should You Register Your Trademark
- Challenging Trademark Rights
- Claims That Can Be Asserted in Opposition and Cancellation Proceedings
- Challenging Trademark Rights After Five Years of Registration at the TTAB
- Abandonment and Nonuse of a Trademark
- How to Expedite Trademark Cancellation for Nonuse or Abandonment
- Challenging Trademark Applications and Registrations on Fraud and Nonuse Claims
- Developments In The Fraud Standard
- Priority Determinations in Trademark Law - Constructive Use Priority
- Priority Determinations Based Upon Common Law Use
- Priority Determinations in Trademark Law - Foreign Rights
- Priority Disputes - Common Law Rights vs. Federal Trademark Registration
- Settling Trademark Disputes
- Trademark Trial and Appeal Board Proceedings
- Board Proceedings
- Ex Parte Appeals
- Extensions of Time to Oppose
- The Standing Requirement for Oppositions and Cancellation Proceedings
- A Summary of the TTAB's Amended Rules of Practice for 2017
- Filing an Opposition or Cancellation Proceeding
- Opposition and Cancellation Proceedings - Defenses
- An Overview of Discovery in Board Proceedings
- Discovery Rules in Trademark Trial and Appeal Board Proceedings
- Accelerated Case Resolution (ACR) - Alternative to Typical Board (TTAB) Proceedings
- Evidence in TTAB Cases
- Secondary Meaning in Board Proceedings
- Assignments & Licensing
