Trademark applications are reviewed by an examining attorney at the USPTO before they are approved for registration. If the examining attorney finds reasons to refuse your application, they will issue an Office Action with details on the reasons for refusal. We have described 5 common reasons for refusal of trademark applications below. 1) Likelihood of Confusion Likelihood of confusion is …
Everything You Need to Know About Domain Name Disputes
A website is often a natural extension of a business’ offline presence. A domain name that reflects a business name or trademark serves as an important tool to attract customers and build brand recognition. As a result, domain name registration is typically part of a branding and marketing strategy. Abusive registrations of domain names by third parties to monetize on …
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 …
USPTO Database Search v. Comprehensive Clearance Search
When you are considering adopting and registering a new trademark, one of your first steps should be to conduct a trademark search. The main goal of a trademark search is to uncover any potential conflicts that your trademark may face. This could potentially save you time, money and the loss of your trademark in the future. There are two main …
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 …
