Law Offices of Nikki Siesel PLLC HomeSite Map
- Index
- Why Choose Us?
- Attorney Profiles
- Trademark Law
- Coronavirus Update & USPTO 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
- 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
- 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
- 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
- Intellectual Property
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- Disclaimer
- Privacy Policy
- Statement of Client’s Rights
