The United States Patent and Trademark Office (USPTO) will refuse registration of a trademark that is confusingly similar to an existing registration. They do not review any unregistered use in the marketplace when making this determination. If a competitor files a trademark application first, the USPTO will not refuse registration based on prior use in the marketplace, even if that …
The USPTO will increase certain trademark government fees starting on January 18, 2025, and certain patent government fees on January 19, 2025. Below are some of the most common situations in which you may be affected by the fee increases. This is not an exhaustive list of the fee increases and new fees. Trademark Fee Increases All new applications filed …
The Trademark Trial and Appeal Board (TTAB) is a division of the U.S. Patent and Trademark Office (USPTO) that hears disputes over whether a trademark should be, or continue to be, registered. If a party believes they will be harmed by the registration of a trademark by a third party, they may challenge the third party’s trademark application by commencing …
The trademark selection process can be daunting. There are multiple business, marketing, and legal considerations that can often conflict. Whether an established business is selecting a trademark for a new product launch or a start-up is adopting its first trademark to define its brand identity, it is important to be proactive and adopt best practices. Doing so can help secure …
Marketing and Product Managers both play crucial roles in the lifecycle of a brand. Effective collaboration is essential to ensure a brand evolves in line with market and business needs and is sufficiently protected along the way. The Lifecycle of a Brand The lifecycle of a brand spans several stages: development, growth, maturity, and decline or maintenance. During each of …
When adopting and using a new trademark, knowledge is power. Understanding and implementing best practices for trademark adoption, use and maintenance can help minimize future risks. Use and successful registration of a mark is only the beginning. A trademark owner has a duty to monitor and enforce its trademark or risk narrowing the scope of its rights to the mark. …
A strong trademark can be a tremendous asset to a business. Trademarks are generally categorized as fanciful, arbitrary, suggestive, descriptive, or generic, from strongest to weakest. Descriptive marks fall on the weaker end of the spectrum but can be valuable when used after careful consideration of the risks and benefits. When selecting a trademark, one that conveys information about the …
While trademark registration is a crucial initial step in protecting intellectual property, ongoing vigilance is essential to maintain and enforce these rights. Trademark watch services play a vital role in this continuous protection strategy, offering businesses a proactive approach to safeguarding their brand assets. What is a Trademark Watch Service? A trademark watch service is a monitoring system that actively …
Conducting a trademark search is an important step when launching a brand. A trademark clearance search can uncover potential risks that could result in future conflicts and expensive litigation. While a search may be conducted for any type of mark, there are some additional considerations when clearing a stylized trademark versus a word mark. What is a Word Mark? A …
Trademark cancellation and opposition proceedings are initiated by parties who believe they will be or are harmed by the registration of a certain trademark. The Trademark Trial and Appeal Board (TTAB) of the USPTO adjudicates these proceedings. The main difference between the two proceedings is that cancellation proceedings are filed against existing registrations and opposition proceedings are filed against pending …
