Trademark cancellations are adversarial proceedings before the Trademark Trial and Appeal Board (TTAB) of the USPTO to defeat the registration of a mark. A trademark opposition seeks to block a mark from registering. A trademark cancellation seeks to cancel a registered mark. Therefore, trademark oppositions relate to pending applications whereas cancellations pertain to registrations. As…
An abandoned trademark application can be reinstated by filing a petition in a limited sense. If a response to a rejection is not filed within six months from the mailing date of the rejection, the applicant will go abandoned. In order to get accepted by the USPTO, a petition to revive the abandoned application must…
Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is being examined or after your trademark has registered. A trademark assignment is the transfer of an owner’s property rights in a given mark or marks. Such transfers may occur on their…
A trademark is published for opposition after the USPTO determines that your trademark application complies with all applicable laws, rules, and regulations. Approximately 3-4 months after your trademark application is filed, a trademark examining attorney will review it. If the examining attorney concludes that your application meets all legal requirements, it will approve your trademark…
Trademark Classification is similar to the departments in a store. Stores categorize merchandise into departments to help you find the products you are looking for, like women’s clothing, household appliances, or bed linen. Similarly, trademark classification is a way to categorize goods and services to help you search for goods and services that are similar…
If you filed a federal trademark application with the USPTO, the examining attorney might issue a letter called an Office Action setting forth reasons why registration is refused. If likelihood of confusion is the reason, then the Office Action will contain a refusal under Section 2(d) which states: “No trademark by which the goods of…
The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, the Madrid Protocol, is one of two treaties comprising the Madrid System for international registration of trademarks. The protocol is a filing treaty and not a substantive harmonization treaty. It provides a cost-effective and efficient way for trademark holders — individuals and…
The requirements for establishing a basis for registration of a trademark or service mark under §44(e), relying on a registration granted by the applicant’s country of origin, are: The applicant must submit a true copy, a photocopy, a certification, or a certified copy of the registration in the applicant’s country of origin, and, if the…
Claiming foreign priority under Section 44(d) applies if an eligible applicant files the U.S. application claiming §44(d) priority within six months of filing the first application to register the mark, the filing date of the first-filed foreign application is the effective filing date of the U.S. application. The priority filing date also constitutes a constructive…
Use in commerce means using your trademark in selling or transporting your goods out of state or in providing services to customers who live outside your state. For example, you might grow wheat in Kansas and sell it to buyers in Massachusetts or Mexico. Or you might provide website design services from your home in…