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Minimal idea of yellow light bulb surrounded with blue bulbs on pastel background. - inherent distinctiveness concept

What is an Inherently Distinctive Trademark?

When you are creating the logo, slogan, design, or symbol that represents your brand, it’s essential to ensure it is inherently distinctive or can acquire distinctiveness. An inherently distinctive trademark is one that does not simply describe the… Read More
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Young man using smartphone sending emojis - trademark an emoji concept

Can You Trademark an Emoji?

Emojis have become an integral part of our everyday communications. Whether they appear in text messages, emails, or on social media, many people enjoy using them to express themselves. More and more, companies are incorporating these images into the… Read More
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Close up of typewriter on Trademark application form - Trademark filing basis concept

What is a Trademark Filing Basis?

Protecting your trademark with federal registration is one of the most crucial things you can do to safeguard your brand’s identity and your bottom line. But when you file a trademark application with the United States Patent and Trademark Office (… Read More
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spotlights pointed at a basketball with an empty court and stadium in background - March Madness trademarks concept

NCAA March Madness Trademarks

With the National Collegiate Athletic Association (NCAA) Basketball Tournament — commonly referred to as “March Madness” — in full swing, broadcasters, advertisers, and other businesses need to be cognizant that they don’t run afoul of trad… Read More
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Registered symbol- registered trademark audit concept

What is the USPTO Post Registration Audit Program?

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… Read More
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Creative idea icon. light bulb meshed with gears - trademark specimen concept

What is an Acceptable Trademark Specimen?

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… Read More
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large group of yellow rubber ducks with one purple - acquired distinctiveness concept

What is Acquired Distinctiveness?

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… Read More
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Calendar deadline icon - responding to trademark office action concept

New Three-Month Deadline for Responding to Trademark Office Actions

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… Read More
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Categories: USPTO
Essential Oils with Rosemary, Clove & Cinnamon - trademark a scent concept

Can You Trademark a Scent?

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.… Read More
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Common law trademark rights concept

Common Law Trademark Rights

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… Read More
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