Insight & commentary on TTAB Proceedings
What comes first? A trademark registration or use of the trademark in commerce by the owner who is seeking registration? In other words, can one obtain a federal trademark registration without first using the mark in commerce? The answer is no!
Trademark use is always a prerequisite to registration in the United States Patent and…
A petition for cancellation of a U.S. trademark registration is available to any party who believes that an already existing federal trademark registration should not be allowed to remain an active registration due to a variety of grounds, including abandonment of the trademark.
What is meant by trademark abandonment and how is it proven?
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Smart business people continue to make the same mistake: that obtaining a trademark registration is a simple administrative process, akin to going to your local DMV to obtain your car registration sticker. The fact is that trademark law and trademark rights are a nuanced area of law, requiring proper planning and diligence to ensure that…
In choosing a trademark lawyer to handle your trademark infringement, trademark opposition or trademark cancellation matter, you should first satisfy yourself that they the particular trademark attorney or trademark law firm has the experience to handle your case. Certain factors that will help guide your decision may include:
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Preparing and filing a trademark application with the United States Patent and Trademark Office is not a simple task. Like most governmental agencies, the Trademark Office has many rules and regulations that must be followed in the filing process. If a trademark owner does not carefully follow these requirements, chances are that his/her trademark application…
While it may come as a surprise to many business owners, a federal trademark registration does not grant the owner a 100% right to use the trademark in interstate commerce. How is this so? The answer lies mainly in the role and limited jurisdiction of the United States Patent and Trademark Office and Trademark Trial and…
When I first started playing baseball at the age of 5, my coach started with the basics. Sure, I saw plenty of games on TV, but playing and watching require two different skill sets. Want to play on the trademark field? Then it’s best to start with some fundamentals!
A trademark is any word, symbol, design, tagline…
The Trademark Trial and Appeal Board (“TTAB”) of the United States Patent and Trademark Office (“USPTO”) is the administrative forum that adjudicates all trademark opposition and cancellation proceedings that are filed in the United States Patent and Trademark Office. A case is commenced by the filing of a Notice of Opposition (in the case of…
In the market for a trademark law firm? Keep it simple by thinking like a consumer and try to find the best quality lawyer or trademark law firm at the most competitive price. In choosing a trademark lawyer, be mindful to take into account the following factors:
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Trademark law is primarily federal in nature and is governed by the Trademark Act of 1946 and its various amendments, also known as the “Lanham Act.”takes into account several criteria in determining whether a trademark is available for use and registration. In conducting a search to determine the availability for use and registration of a…
