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One of the requirements of a registered trademark is use in commerce. While trademarks do not expire, discontinuing use of a trademark can result in it being deemed abandoned. The United States Patent and Trademark Office (USPTO)’s Post Registratio…
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Filing a trademark application can be a complex process. In order to successfully register your mark, the United States Patent and Trademark Office (USPTO) mandates that you submit a trademark specimen along with your paperwork. This is a required pa…
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When you’re building a brand, it’s important to make sure you choose a mark that is not merely descriptive — it must be inherently distinctive or be able to acquire distinctiveness. A common reason the United States Patent & Trademark Offic…
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Starting on December 3, 2022, trademark applicants will now have three months to respond to an office action, with the option for a three-month extension. This deadline replaces the prior six-month time frame to respond to an office action — and on…
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Some scents are so distinct that you instantly recognize them. A smell can trigger memories, emotions, and have an impact on our moods. However, scent can also be a crucial marketing tool that can help to build a brand and increase consumer loyalty.…
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Registering your trademark with the United States Patent and Trademark Office (USPTO) can help ensure you have legal and priority rights to your mark nationwide. However, you can obtain common law rights simply by using your mark in commerce. There i…
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A decade old business named MetaX LLC recently commenced a trademark infringement lawsuit against Facebook’s parent company after it rebranded itself with the same name. The installation-art company filed suit in July against Meta Platforms claimin…
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Whether your goods and services are distributed domestically or globally, your trademark is your most important asset. However, if your consumer-base is worldwide, there are several key considerations to keep in mind. Even if you successfully registe…
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After a motion requesting a preliminary injunction was filed by a clothing brand of the same name, a federal judge in New York ruled that model Hailey Bieber can continue promoting her brand while the Rhode skincare lawsuit is ongoing. The judge’s…
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Like other forms of intellectual property, trademarks can be bought and sold. However, buying or selling a trademark is much more complex than transferring physical property. It’s crucial to understand the steps that are necessary to take to transf…
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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.
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.
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.
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.
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.
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