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Once you have registered your trademark with the United States Patent and Trademark Office (USPTO), it doesn’t expire as long as the trademark is still in use in commerce. However, it’s important to understand that you have a continuing obligatio…
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Imitation might be the sincerest form of flattery — but when it comes to trademark law, it can land you in legal hot water if you’re not careful. Whether you’re a fashion designer, graphic designer, or your company works with a creative team to…
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Attorneys in all practice areas are required to adhere to a strict code of ethics. However, the United States Patent and Trademark Office (USPTO) also has its own rules of professional conduct. It’s important for a trademark holder — and those se…
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Brand protection is crucial for every type of company. You might be wondering whether you can file for trademark protection if the goods connected with your brand are legal in your state — but not at the federal level. As more states legalize recre…
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When new technology emerges, sophisticated scams associated with it often follow. In the past year, nonfungible tokens (NFTs) have risen in popularity — and those who own them should be aware of the various phishing scams. Unfortunately, with the N…
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Nonfungible tokens — also referred to as “NFTs” — have recently taken the intellectual property world by storm. While an NFT’s value and strength comes from its authenticity, they have dramatically changed the market for digital assets. Pre…
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Trademark applicants may have become aware that a change recently occurred in the way trademark registration certificates are processed. As of May 24, 2022, the United States Patent and Trademark Office (USPTO) will be issuing electronic trademark re…
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Disney is no stranger to intellectual property issues and trademark infringement lawsuits. The company recently prevailed in a decade-long trademark dispute, halting United Trademark Holdings Inc. from registering trademarks for its “Teen Tink” a…
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The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision issued by the Trademark Trial and Appeal Board (TTAB) to reject Vox’s .SUCKS trademark applications filed in 2018. The domain registry operator submitted two application…
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When you file a trademark application with the United States Patent and Trademark Office (USPTO), it is crucial to understand that there are two registers upon which your trademark can appear. Under the Lanham Act, a trademark may be registered on th…
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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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