Identification of Goods and Services

A trademark application identifies the specific goods and services that the trademark owner will be using the trademark in connection with. This is referred to as the identification of goods and services. It is an essential aspect of trademark registration, as it defines the scope of protection of the trademark and helps to avoid confusion […]

What is a “Title of a single creative work” refusal?

Your trademark won’t register if it’s only used as the title of a single creative work. However, if your trademark is the name or title of a series of creative works, it may register. You need to provide evidence that shows the title is being used for the entire series, not just one creative work […]

What is a “Name of an Artist” Refusal?

A “name of an artist” trademark refusal occurs when a trademark application is denied because the name being applied for is primarily the name of an artist, and not capable of serving as a trademark. In order to overcome a “name of an artist” trademark refusal, the applicant may have to prove that the name […]

“Principal” and “Supplemental” Registers

The Principal Register is a listing of trademarks maintained by the United States Patent and Trademark Office (USPTO). Trademarks are granted a listing on the Principal Register if they are considered to be distinctive and capable of identifying the source of the goods or services associated with the trademark. The Principal Register provides the strongest […]

When do I need to file a trademark renewal?

A trademark renewal is the process of maintaining and preserving a registered trademark. It is required to be filed within a certain period of time, usually every 10 years, to keep the trademark active and in force. Failure to file a trademark renewal can result in the cancellation of the trademark registration. The specific time […]

What is the chance of overcoming the refusals in an Office Action?

A trademark office action is an official notification from the United States Patent and Trademark Office (USPTO) that states the reasons why your trademark application has been refused registration. Receiving an office action can be a frustrating and confusing experience, but it’s important to understand that it is a common step in the trademark registration […]

What are the benefits of using an attorney to file your trademark application?

Filing a trademark application can be a complex process, and using an attorney can provide several benefits. Here are a few reasons why using an attorney can be beneficial when filing a trademark application: In conclusion, using an attorney to file a trademark application can provide several benefits, including improved chances of success, time-saving, and […]

What is an Ornamental Specimen Refusal?

A “ornamental specimen” refusal is a type of “Specimen” refusal issued by the United States Patent and Trademark Office (USPTO) when a trademark applicant provides a specimen of use of their mark that does not show how the mark is actually used on the goods or services offered for sale. This can occur when the […]

What is a “Specimen”?

A “specimen” in the context of trademark law refers to a sample of the way a trademark is being used in commerce. A specimen is required to be submitted along with a trademark application to demonstrate to the trademark office (such as the USPTO) that the mark is actually being used in commerce in connection […]

What is a “Functional” Refusal?

A Section 2(e)(5) Functionality refusal is a rejection by the United States Patent and Trademark Office (USPTO) of a trademark application based on functionality. A trademark is considered functional if it describes an inherent feature of a product or service and is essential to its use or purpose. If a trademark is deemed functional, it […]