Section 2(d) of the Trademark Act requires that the examining attorney refuse registration when an applicant’s mark, as applied to the specified goods or services, so resembles a registered mark as to be likely to cause confusion. In general, registration of confusingly similar marks to separate legal entities is barred by §2(d). However, the Court…
What is trademark infringement? Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. What will happen if someone sues me for trademark infringement A trademark owner who believes its…
INTERNATIONAL TRADEMARK REGISTRATION Madrid Protocol 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…
RESPONDING TO A TRADEMARK OFFICE ACTION The United States Patent and Trademark Office provide a trademark office action in the form of an official letter. The Trademark Examiner outlines the issues in the application that would require a resolution before the trademark can register. The issues can relate to the format of the application or…
A Sound Trademark Identifies and Distinguishes a Product or Service Through Audio Rather Than Visual Means A Sound Trademark Identifies and Distinguishes a Product or Service Through Audio Rather Than Visual Means Sound marks function as source indicators when they “assume a definitive shape or arrangement” and “create in the hearer’s mind an association of…
What is a design patent? Source: USPTO.GOV A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to…
TRADEMARK APPLICATION FILING FEES The cost of attaining a trademark varies depending upon the selected filing, which initial application form is used, and the international class selections. Each of these filing options have specific requirements that impact the fee amount. There are certain factors used to calculate the filing fee for an initial application, and you should…
Improper Subject Matter for Design Patents Source: USPTO.GOV A design for an article of manufacture that is dictated primarily by the function of the article lacks ornamentality and is not proper statutory subject matter under 35 U.S.C. 171. Specifically, if at the time the design was created, there was no unique or distinctive shape or…
An office action is an official letter sent by the USPTO. In it, an examining attorney lists any legal problems with your chosen trademark, as well as with the application itself. You must resolve all legal problems in the office action before we can register your trademark. In an office action, an examining attorney may…
ARE YOUR PATENT OFFICE MAINTENANCE FEES DUE IN 2020? Who can pay? Maintenance fees and any necessary surcharges may be paid by the patentee or by any person or organization on behalf of a patentee. What to include with payment? You must include both the patent number and corresponding application number with your maintenance fee…
