What is the probability of a trademark rejection?
What is the probability of a trademark rejection or delay in a trademark application? According to the USPTO trademark dashboard, statistics show that about 43%…
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What if specimens do not match the mark in your trademark application?
What exactly is the applied-for mark in your trademark application? One of the most common errors in a trademark application is a mismatch between the…
Final Rejection: How to Respond to a Trademark Final Office Action
What is a final trademark rejection or Final Office Action? Known as a Final Office Action, a final trademark rejection is typically a second rejection…
What is a failure to function as a trademark refusal?
What is a refusal based on a failure to function as a trademark? A certain type of trademark rejection seems to be occurring more frequently:…
What are confusable trademarks and examples of non-confusable trademarks?
What does confusable mean? To be registrable, a mark must not have a likelihood of confusion with any registered trademarks. In other words, an applied-for…
How to choose patent foreign countries
Choosing patent foreign countries A US patent provides a patent owner with rights only in the US. That might be enough for patent owners who…
Can the same trademark be registered by others in a different country?
Same trademark, different country It is possible for others to register a US trademark in a foreign country. A US trademark registration does not block…
What can go wrong with a cheap provisional patent application?
Isn’t a cheap provisional patent application better than nothing? Provisional patent applications serve a useful purpose. When written properly, a provisional application can provide valuable…
From PCT to US National Stage: How to get the initial filing right
Before filing a US national stage patent application A PCT application provides several benefits beyond merely delaying the costs of filing individual national stage applications…
USPTO Consistency Initiative: What can you do about inconsistent trademark examination?
Has trademark examination become more inconsistent? Trademarks share a common feature with patents in that a trademark must be different in order to be registered.…
How to patent a government funded invention
What is an invention funded by the federal government? Certain rules pertain to any private companies or persons seeking to patent a federal government funded…
What is the delay defense (laches) in a TTAB trademark cancellation?
What is laches? Laches is a fancy legal term meaning delay. If there has been delay in filing a TTAB trademark cancellation, laches might be…
What is a TTAB summary judgment motion?
What is a TTAB summary judgment motion? A TTAB summary judgment motion is a pretrial filing made to request an earlier decision in a trademark…
Patent Reexamination: How to Challenge Granted Patents Without Spending $1 Million
What is an ex parte patent reexamination request? Suppose you have at least $1,000,000 to spend challenging a patent. With such a sizable budget, you…
Should you file a design patent or utility patent?
Design patent or utility patent? One of the most common questions we get from startup entrepreneurs is whether they should apply for a design patent…
