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The date of first use is one of the most important pieces of information you provide in your trademark application to the United States Patent and Trademark Office. Establishing that your mark is in use is a vital part of the trademark registration p…
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Nike, Inc. recently took legal action against StockX LLC based on its alleged infringement of Nike’s well-known trademark in connection with its non-fungible token (“NFT”) marketplace. The athletic wear retail giant claimed in its lawsuit that…
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The United States Patent and Trademark Office has strict guidelines regarding trademark registration. Critically, there are certain marks — or portions of marks — that cannot be registered because they are not sufficiently distinct. These are mar…
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If you are starting a business, one of the first things you need to consider is how your brand will be represented to consumers. For your business to be successful, you will have to select a name, logo, catchphrase, or symbol that makes you stand out…
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Tesla CEO Elon Musk has seen his share of lawsuits, but a recent trademark dispute was anything but “boring.” In fact, it involved one of the entrepreneur’s other ventures — an infrastructure firm named The Boring Company (TBC). When the Dela…
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Coming up with an idea that makes your brand stand out is just the beginning of your entrepreneurial success. Importantly, you also need to protect the mark that makes your company unique with a registered trademark. But filing a trademark applicatio…
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Registering your cosmetics, skin care, hair care, beauty supplies or cleaning substance trademark with the United States Patent and Trademark Office (USPTO) is the most important measure you can take to shield your brand from misuse by competitors. B…
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When you register your trademark with the United States Patent and Trademark Office (USPTO), you have taken the most important step to protect your brand from misuse by others. However, there are still a limited number of situations in which a third…
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Texas-based gas station and convenience store Buc-ee’s recently filed a trademark lawsuit against an individual who opened stores with allegedly similar branding. Known for its beaver mascot and distinct bold red lettering, Buc-ee’s alleges that…
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Cleveland’s Major League Baseball team recently settled a trademark lawsuit commenced by the local roller derby team over rights to the name “Cleveland Guardians.” The action arose following the baseball franchise’s decision to change its mon…
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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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