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 […]

“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 […]

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 […]

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 […]

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 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 […]

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 a “Primarily Geographically Deceptively Misdescriptive” refusal?

A “Primarily Geographically Deceptively Misdescriptive” refusal is a type of refusal issued by the United States Patent and Trademark Office (USPTO) during the trademark registration process. The USPTO refuses registration of a trademark that it believes is primarily geographically deceptively misdescriptive, meaning that the trademark gives a false impression as to the geographic origin of […]

What is a “Primarily Merely a Surname” refusal?

A “primarily merely a surname” refusal is a reason for denying a trademark application provided by the United States Patent and Trademark Office (USPTO) when the mark being applied for is primarily merely a surname. In other words, the USPTO may reject a trademark application if it believes the mark is primarily the surname of […]

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 […]