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trademark application

What to Do if Your Trademark Application Requires Office Actions

Once your business has developed a unique branded product or service, you can protect your company’s rights to exclusive use of that brand with a trademark application. Simply placing a logo or tagline on your product and entering the stream of com… Read More
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trademark registration process

5 Tips for a Quick Trademark Registration Process

Two of your greatest business assets are your company reputation and brand. Potential customers or clients will choose your goods and services when they recognize your unique name and mark. The trademark registration process is important to protect t… Read More
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Tesla logo

Tesla Files for Trademark for Restaurant Launch

Elon Musk, Tesla Inc.’s CEO, is one of the most creative business thinkers of our time. The inspiration for his Tesla car and company was Nikola Tesla, an electrical engineer in the early 1900s who was considered a true genius. Unfortunately, he di… Read More
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trademark attorney for doctors

Why a Doctor May Need a Trademark Attorney

Competition is fierce in the medical industry. That’s why when you build a healthcare brand, registering your Trademark, it is more important than ever before. As a doctor, your name, slogan, or logo is not just for marketing and advertising purpos… Read More
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marijuana plant products

Protecting Your Marijuana Brands with Trademarks

Regardless of the type of business you own, protecting your brand should be your first priority. However, you may be wondering whether a trademark can safeguard the logo, slogan, or design on a product when it is legal within your state, but not at t… Read More
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nike trademark

Trademark Litigation Lessons from Nike-Lil Nas X “Satan Shoes” Fight

A recent Nike trademark dispute between the company and MSCHF Product Studio, Inc. garnered a considerable amount of attention. It also brings to light several crucial trademark litigation lessons. Notably, the litigation demonstrates the importance… Read More
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Concept of copyrighted material with laptop

Copyright vs. Trademark vs. Patent: What is the Difference?

Intellectual property refers to works created by the mind. These can include inventions, visual art, literature, music, designs, symbols, and other creations. There are several types of intellectual property rights that can protect these types of wor… Read More
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Trademark written in wooden cubes

What Happens to an Abandoned Trademark?

You worked hard to get your business up and running, and may have spent years establishing your brand. But there may be times when you might abandon a trademark — purposely or inadvertently — or you may wish to use one that was once owned by anot… Read More
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How Long Does a Trademark…

How Long Does a Trademark Last?

After you have successfully registered the mark that makes your brand unique with the United States Patent and Trademark Office, you might be wondering: how long does a trademark last? After all, the last thing a busy entrepreneur wants to worry abou… Read More
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FAQ

What are Trademark Application Suspensions?

Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.

What are Disclaimers for Trademarks?

A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights.

A good example of this is disclaiming “café” if your services are for a café.

What is the Supplemental Registry?

If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry.

In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.

What is the Date of First Use?

Two dates must be specified in a trademark application:

Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade.

Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.

What is the Renewal Timeframe for a Trademark?

The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.