A federal trademark registration is powerful, but it isn’t “set it and forget it.” This article explains post-registration proof of use, acceptable specimens, maintenance deadlines, and practical steps to keep your mark strong.

In trademark law, establishing a likelihood of confusion often hinges not only on the similarity of the trademarks themselves, but also on whether the goods or services they identify are sufficiently related. Understanding how to assess the relatedness of goods and services is critical to both prosecution and enforcement strategies. The analysis is nuanced, highly contextual, and dependent on both the identification of goods/services and the evidentiary record.

When businesses create trademarks, they often include words that describe their products or services. These descriptive or generic terms can be an issue when registering the trademark. To address this, the United States Patent and Trademark Office (USPTO) uses something called a “trademark disclaimer.” This article will explain what a trademark disclaimer is, why it is [...]

Trademark incontestability is an important concept for businesses and brand owners looking to solidify and protect their trademarks. In simple terms, incontestability is a status that a registered trademark can achieve, providing stronger legal protections and making it much harder for others to challenge the trademark’s validity. This status is governed by Section 15 of the [...]

A widespread myth or misconception in the realm of trademark law is the belief that registering a business name with a state agency automatically provides trademark protection. This misunderstanding likely arises from a lack of knowledge about the distinctions between business name registration and trademark registration, as well as the different purposes these registrations serve. In [...]

A common myth or misconception about federal trademark registration is the belief that once a trademark is registered with the United States Patent and Trademark Office (USPTO), it will cover all goods and services across all trademark classifications. This misconception may stem from a lack of understanding about how the trademark registration system works and the [...]

A prevalent myth or misconception surrounding trademarks is the belief that a federal trademark registration issued by the United States Patent and Trademark Office (USPTO) is mandatory to protect a trademark. This misunderstanding may arise from a lack of knowledge about the United States’ dual trademark system, which recognizes both federal registration and common law rights. [...]

A USPTO-issued federal trademark registration only provides protection within the United States. To protect your trademark in other countries, you need to register the trademark in each jurisdiction where you want protection. One common myth or misconception regarding federal trademark registration is that once a trademark is registered with the United States Patent and Trademark Office [...]

Trademark infringement on Amazon occurs when a third-party seller uses a trademark that is identical or confusingly similar to a registered trademark belonging to another party. Some examples of trademark infringement on Amazon include: These are just a few examples of trademark infringement on Amazon. It’s important for brand owners to regularly monitor Amazon’s platform and [...]

Brand Gating refers to a process used by Amazon to control and limit the number of third-party sellers that are allowed to sell a particular brand’s products. This is done to ensure the authenticity of the products being sold, and to protect the brand’s reputation and intellectual property, including a brand’s registered trademarks. Under the Amazon [...]