Law Offices of Nikki Siesel PLLC Home
A New York Trademark Law Firm
With a Global Reach
Contact Us Now
For a Free Consultation
Site Map
- Index
- Why Choose Us?
- Attorney Profiles
- Trademark Law
- USPTO Updated Policies
- Trademark Basics
- The Benefits of Using a Trademark Attorney for Trademark Registration
- 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
- 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
- Generic Terms
- Merely Descriptive or Generic?
- 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?
- # (Hashtag) Symbols Have No Source-Indicating Meaning
- Beware of Using Trademarks as Hashtags
- The Functionality Doctrine of Trade Dress
- Celebrity Branding - Famous Names as Trademarks
- Using Secondary Source to Show a Mark Functions as a Trademark
- 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
- 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
- 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
- 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?
- Who Should Be the Owner of a Trademark?
- The Importance of Naming the Proper Trademark Owner
- Joint Trademark Ownership
- State Trademark Registration
- Geographic Indicators as Marks
- 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
- Filing Trademark Applications for Hemp After 2018 (Dec.) Farm Bill
- Update: Trademark Applications Involving Hemp / CBD Goods
- Amazon's Brand Registry Requires Federal Trademark Registration
- Amazon's Project Zero Gives Control to Brand Owners
- Unauthorized E-commerce Dealers of Authentic Goods
- 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
- 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
- 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
- Other Considerations in a Likelihood of Confusion Analysis
- 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
- Claims That Can Be Asserted in Opposition and Cancellation Proceedings
- Challenging Trademark Rights After Five Years of Registration
- Abandonment and Nonuse of a Trademark
- How to Expedite Trademark Cancellation for Nonuse or Abandonment
- Challenging Trademark Applications on Fraud and NonUse Claims
- 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
- Trademark Assignments
- Recording Trademark Assignments and The Specific Rules That Govern
- Trademark Assignments & Intent-To-Use Applications
- Trademark Licensing
- The Nuts and Bolts of a Trademark Licensing Agreement
- Trademark Law and the Tacking Doctrine
- Resolving Trademark Disputes Without Litigation
- Settlement Options for Trademark Disputes
- Is a Co-Existence Agreement the Right Choice for Your Brand?
- Trademark Trial and Appeal 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
- How Do Musical Artists Trademark Their Names?
- Intellectual Property
- Testimonials
- Contact Us
- Disclaimer
- Privacy Policy
- Statement of Client’s Rights
