What to Do If Your Trademark is Rejected

If a USPTO examining attorney believes that your trademark does not comply with the trademark registration requirements, your trademark application will be rejected. This could be for a number of reasons, such as a likelihood of confusion between your mark and another registered trademark, your mark failing to function as a trademark, or your mark being perceived as descriptive or …

Four Mistakes That Can Render Your Trademark Application or Registration Void

While the trademark process may seem quite simple, especially in comparison to the patent process, there are quite a number of traps for the unwary or unrepresented applicant to fall into. If made, some of these mistakes are fixable, but unfortunately, some are not and may require starting the application process from the beginning. In this article, we discuss those …

A Comparison of Trademark Registration in the U.S. and China

By Sejal Rajan and Allen Zhou of Jiaquan IP  Trademark registration procedures and requirements often vary from country to country. Being knowledgeable of the procedures of a country in which you seek trademark protection helps to ensure that your trademark registrations are granted and maintained. This chart provides a helpful comparison of U.S. and China trademark requirements. United States China …

What’s in a Name? The Dos and Don’ts of Selecting a Trademark

Whether you are launching a new business or adding a new brand to your existing business, selecting the right trademark can have a great impact on its success. A trademark is not just the name of your business and brand, it is a source identifier. It has the potential to quickly convey to a customer information about what you are …

Common Law Trademark Rights

The United States recognizes the rights of trademark owners who are the first to use a mark in connection with particular goods or services. These rights are called common law trademark rights and may be established solely by the use of a trademark in connection with goods or services in interstate commerce.  You can acquire common law trademark rights even if …

Trademark Symbols – When Can I Use TM, SM, ® and © symbols?

The ™, ®, ©, and ℠ symbols are ubiquitous. We see them every day on the websites we visit and on the products we purchase.   While we may not pay much attention to them in our daily lives, they each serve a very important purpose and convey valuable information to the public.   It is important to know the differences …

Defending a Trademark Opposition

What is a Trademark Opposition? A trademark opposition is a litigation proceeding before the Trademark Trial and Appeal Board (TTAB), in which a third party may object to the United States Patent and Trademark Office’s decision to register your trademark. During the trademark application process the examining attorney will review your application to determine whether they believe it is entitled …

Trade Dress Protection: The Underutilized Trademark Right

Standing out in a sea of brands can be difficult. Coming up with clever slogans, and distinctive brand names are essential to leave lasting impressions on consumers. Brands can further set themselves apart by coming up with unique trademarks through product shapes, color and packaging. Earlier this year, cosmetic brand, Glossier, secured a trademark registration for their signature pink bubble …

The USPTO Requires Foreign Residents to be Represented by a US Attorney in all U.S. Trademark Matters

Effective August 3, 2019, foreign-domiciled U.S. trademark applicants, registrants and parties to U.S. Trademark Trial and Appeal Board (TTAB) proceedings will need to be represented by an attorney licensed to practice in the United States. Generally, a U.S. licensed attorney will not need to be appointed in an application that was filed prior to August 3, 2019. However, if an action is …