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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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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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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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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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Trademark owners should be aware of several recent USPTO updates that may significantly affect them. Most notably, the United States Patent and Trademark Office has recently implemented the Trademark Modernization Act. Passed in December 2020 — and…
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You have created a new product or service with a great name, logo design, or catchphrase. To protect your product and business reputations and ensure no one else will be able to use your name or design, you need to register your trademark. Before you…
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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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