Trademark Registration

What is a generic mark?

What is a generic mark? A generic mark is a word understood by the public as the common term for a product or service. For…

Are many goods or services in a US trademark application OK?

Can you have too many goods or services in a US trademark application? Most foreign countries do not require use of the trademark for registration.…

Live vs. Dead trademark: What are the differences?

Dead or live marks on USPTO trademark database Anyone can search trademarks on the USPTO’s Trademark Electronic Search System, or TESS for short. The status…

What are the new trademark filing rules for 2020?

What are the new USPTO trademark filing rules in 2020? Starting Feb. 15, 2020, certain mandatory requirements for trademark filings will take effect. These changes…

Should you apply for a trademark in color?

What is a color claim in trademark application? Color is an issue only when dealing with design marks, such as logos, that have elements of…

What is a suggestive trademark?

What is a suggestive mark? A suggestive trademark has wording that suggests characteristics of the underlying goods or services without saying it outright. As stated…

What is a trademark audit?

What is a trademark audit? The USPTO has recently started a process to audit the maintenance or renewals of trademark registrations, called the Trademark Post…

What is acquired distinctiveness (secondary meaning)?

What is a trademark with acquired distinctiveness? Some trademarks are inherently distinctive from the start. Inherently distinctive marks generally include marks that are arbitrary, fanciful…

USPTO approval of ITU application before using trademark?

Trademark Office approval not required before using ITU mark There is no legal requirement to wait for USPTO approval of your Intent-To-Use application before you…

Trademark Mutilation and Phantom Marks: Say What?

When can the issues of trademark mutilation and phantom marks become a problem? Whenever there is a discrepancy between the mark drawn in the application…

How to Respond to a Partial Refusal Trademark Office Action

What is a partial refusal in a trademark Office Action? A trademark Office Action with a partial refusal can be a mix of good news…

Trademark application rejections: Reasons why and how to respond

Why do trademark applications get rejected? Most trademark applications are not approved on their first go-around according to USPTO trademark statistics. Only 34.4% of TEAS…

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