Law Offices of Nikki Siesel PLLC HomeSite Map
- Index
- Attorney Profiles
- Intellectual Property
- Trademark Law
- Simple Trademark Rules and Considerations
- Trademark Basics
- The Importance Of Selecting A Distinctive And An Inventive Trademark
- Use Of Trademarks In Advertising
- Amazon's Brand Registry Requires Federal Trademark Registration
- Amazon's Project Zero Gives Control To Brand Owners
- Unauthorized E-commerce Dealers Of Authentic Goods
- Disadvantages Of Descriptive Trademarks
- Why It Is Critical To Conduct A Clearance Search Prior To Registering A Trademark
- More On The Importance Of Trademark Searching
- Who Should Be The Owner Of A Trademark?
- A Trademark Application Must Be Filed By The Trademark Owner
- Abandonment and Nonuse of a Trademark
- Challenging Trademark Applications On Fraud And NonUse Claims
- The Importance Of Naming The Proper Trademark Owner
- Standard Character Marks (Word Marks) v. Special Format Marks (Design Marks)
- Joint Trademark Ownership
- Trademark Use By Trademark Applicant's Related Company
- Trademark Use On The Internet
- State Trademark Registration
- 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
- How Does An Applicant Prove A Bona Fide Intent To Use A Trademark
- Requests For Extensions Of Time To File Statements Of Use
- For The Purposes Of Trademark Law What Is Use In Commerce?
- Trademark Use Must Be Lawful Use In Commerce
- Dates Of Use In A Trademark Application
- What Is A Drawing Page?
- Why An Applicant Would Divide A Trademark Application
- Office Actions
- Internet Evidence And Trademark Prosecutions and Proceedings
- New Rules For Trademark Prosecutions
- Filing Trademark Applications For Hemp After 2018 (Dec.) Farm Bill
- Common Grounds For Refusal Of A Trademark
- Likelihood of Confusion Refusals – 2(d) Refusals
- Trade Channels and Likelihood of Confusion
- Similar Trademarks Used on Similar Goods
- Overcoming Likelihood of Confusion Refusals
- 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
- Trademark Application Refusal Based On Descriptiveness & Deceptiveness
- Factors To Be Considered When Determining If A Mark Is Descriptive
- Merely Descriptive Or Generic?
- Generic Terms
- Hashtags Have No Trademark Significance
- Beware Of Using Trademarks As Hashtags
- How To Prevail On A Refusal Based On Ornamentation
- Using Secondary Source to Show a Mark Functions as a Trademark
- Geographic Indicators As Marks
- Examples Of When Trademarks Can And Cannot Incorporate Geographic Terms
- Trademarks That Falsely Suggest A Connection With Other Persons
- Immoral and Scandalous Trademarks
- Trademark Disclaimers
- What Is A Unitary Trademark?
- Trademark Applications That Are Designated 'Special'
- Famous Trademarks Receive A Broader Scope Of Protection
- Likelihood of Confusion Fame v. Dilution Fame
- The Trademark Doctrine of Foreign Equivalents
- Is It Possible To Revive An Abandoned Trademark Application?
- New Trademark Rules Impacting Petitions to Revive and Requests to Reinstate
- Why Register A Trademark Outside Of The U.S.?
- International Trademark Filings
- Holders of International Trademark Registrations Extending Protection to the U.S.
- USPTO Requirements For An International Trademark Application
- Madrid Protocol Trademark Filings
- More on Madrid Protocol Filings
- Filing Your Trademark On The Principal Register And Supplemental Register
- A Comprehensive Overview Of The Supplemental Register
- Amending Your Trademark Application To The Supplemental Register
- Acceptable Trademark Specimens
- Specimens - Look Simple But Can Be Tricky
- Electronic Displays As Specimens
- What Is Acquired Distinctiveness & Secondary Meaning?
- Using 'Other Evidence' To Show Acquired Distinctiveness
- Five Years Of Use Can Demonstrate Distinctiveness
- Claiming Acquired Distinctiveness In Part
- Situations Where The Issue of Secondary Meaning Arises
- Can Universal Symbols Function As Trademarks?
- Can You Use Your Name As A Trademark?
- Celebrity Branding - Famous Names As Trademarks
- Book Titles And Titles Of Single Creative Works
- Names Of Authors, Artists, Characters And Depictions Of Characters
- Trademarks Vs. Company Trade Names
- The Legal Framework for Trademark & Trade Name Selection
- Design Trademarks And How They Are Treated By Examining Attorneys
- Design Marks and Likelihood of Confusion
- Artistic Logos may Receive Trademark and Copyright Protection
- What You Need To Know To Register A Certification Trademark
- Collective Trademarks
- More On Collective Trademarks
- What Is A Service Mark And How Can It Be Protected?
- Registering a Service Mark at the USPTO
- What Is Trade Dress And How Can It Be Protected?
- Requirements For A Trade Dress Application And Expanding Protection to Websites
- The Functionality Doctrine Of Trade Dress
- Why Might A Trade Dress Application Be Refused
- How To Avoid Fraud On The USPTO
- Protecting Your Trademark
- Can Abbreviations And Acronyms Be Protected Under U.S Trademark Law?
- When Will Acronyms Be Considered Merely Descriptive?
- Conflicting Marks In Pending Trademark Applications
- Trademark Trial and Appeal Board Proceedings
- Accelerated Case Resolution (ACR) - Alternative To Typical Board (TTAB) Proceedings
- Priority Disputes - Common Law Rights vs. Federal Trademark Registration
- Priority Determinations In Trademark Law - Constructive Use Priority
- Priority Determinations Based Upon Common Law Use
- Priority Determinations In Trademark Law - Foreign Rights
- Technical Trademark Use v. Use-Analogous-To-Trademark Use & Trade Name Use
- What Type of Use Will Qualify for Use Analogous to Trademark Use
- Trademark Law and the Tacking Doctrine
- Incontestable Trademarks
- Challenging Trademark Rights After Five Years Of Registration
- The Standing Requirement for Oppositions and Cancellation Proceedings
- Resolving Trademark Disputes Without Litigation
- Settlement Options for Trademark Disputes
- Is A Co-Existence Agreement The Right Choice For Your Brand?
- Consent Agreements May Be Rejected By The USPTO
- Consequences Of Abandoning A Trademark Application Or Withdrawing A TTAB Proceeding
- Request For Reconsideration
- Ex Parte Appeals
- A Summary of the TTAB's Amended Rules of Practice for 2017
- Extensions Of Time To Oppose
- Filing An Opposition Or Cancellation Proceeding
- Claims That Can Be Asserted In Opposition And Cancellation Proceedings
- Opposition And Cancellation Proceedings - Defenses
- An Overview Of Discovery In Board Proceedings
- Discovery Rules in Trademark Trial and Appeal Board Proceedings
- Evidence In TTAB Cases
- Secondary Meaning in Board Proceedings
- Trademark Licensing
- The Nuts And Bolts Of A Trademark Licensing Agreement
- Trademark Assignments
- Trademark Assignments & Intent-To-Use Applications
- Recording Trademark Assignments And The Specific Rules That Govern
- Frequently Asked Questions
- Trademark Tips
- Corporate Clients
- Copyright Registration
- Domain Name Disputes
- Filing A UDRP Complaint
- The New Generic Top-Level Domain Program
- Update On the New Generic Top Level Domain Program
- Intellectual Property & Business Law Counseling
- Trademark Law
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