A response to a USPTO trademark office action typically includes arguments and evidence to address any issues raised by the examiner in the office action. This can include evidence of the distinctiveness or acquired distinctiveness of the mark, or evidence that the mark does not conflict with any existing registered or pending marks. If you have […]

A trademark search is a process of researching and analyzing existing trademarks to determine if a proposed trademark is available for use and registration. The search typically involves looking for similar or identical trademarks that are already registered or pending registration in the same or similar industry, ensuring the proposed trademark is registrable and protectable, determining […]

A USPTO (United States Patent and Trademark Office) trademark application refusal is a decision made by the USPTO to deny registration of a trademark based on one or more specific grounds set forth in the Trademark Act. A “Trademark application refusal” is simply a generic term used in connection with an Office Action issued by the […]

A determination of trademark priority is often how the United States Patent & Trademark Office (USPTO), courts and businesses settle rights over trademark disputes. Trademark priority refers to the principle that trademark rights typically belong to the first person or entity to use the mark in commerce. The entity or person who first sells goods or […]

The United States Patent & Trademark Office (USPTO) uses what is called the Nice Classification of Goods and Services. The Nice Classification is the standard used by the majority of countries around the world that register trademarks. Basically, the USPTO divides trademarks into 45 different categories. 34 of these categories identify products and 11 categories identify […]

Whether you are contemplating organizing a new business, or positioning your existing business to launch a new product or service in the marketplace, selection of a new trademark is the most critical phase in establishing trademark rights.  Under Trademark Law, a trademark is a word, phrase or symbol used to identify and distinguish the source of […]