» Trademark Litigation

memoji

Apple Memoji Trademark Lawsuit

If you own a cellphone, computer, or television you have probably heard of the technology giant, Apple Inc. Many companies are eager to challenge Apple’s dominance in the tech market, including a small, Atlanta-based company called Social Technolog… Read More
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rose bowl pasadena

Rose Bowl Trademark Lawsuit Dismissed

The Rose Bowl is American college football’s oldest post-season bowl game. Although it began in 1902, before the Rose Bowl Pasadena stadium was built, the annual battle between two of the top college football teams has been played in Pasadena, Cali… 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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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.