Uncategorized Archives | War IP Law, PLLC

What Is A Merely Descriptive Rejection And What Does It Mean?

Receiving a Section 2(e)(1) refusal to a trademark application typically means that the United States Patent and Trademark Office (USPTO) has determined that the mark is merely descriptive of the goods or services listed on the application. Merely descriptive trademarks, while often appealing to business owners, are not eligible for federal trademark registration through [...]

2024-04-29T17:12:55+00:00Uncategorized|

What To Do When A Trademark Application Is Rejected

According to Q4 2023 data from the United States Patent and Trademark Office (USPTO), about 35% of those who filed applications gained approval upon first action. In other words, these applications led to approvals without any pushback from the USPTO. The remaining 65%, however, likely encountered a range of challenges during the application process. [...]

2024-04-29T16:58:11+00:00Uncategorized|

What Happens If The Applicant Is Not Using The Trademark In Commerce On All Of The Goods/Services Listed In The Notice Of Allowance?

If the United States Patent and Trademark Office (USPTO) believes an applied for mark is registerable and it was not in use at the time the trademark application was filed,  the USPTO issues the trademark applicant a Notice of Allowance (NOA) during the trademark registration process. However, the NOA only indicates preliminary approval; proof [...]

2024-04-29T16:32:55+00:00Uncategorized|

A Guide To Trademark Registration Costs

Any type of intellectual property (IP) such as a word, design, sound, or slogan/phrase, that connects a company with a particular service or good, is a trademark and should be protected. When a company comes up with distinguishable and unique intellectual property it can benefit them and give them an edge over their competition. [...]

2024-02-13T13:12:49+00:00Uncategorized|

How Can You Protect Your Intellectual Property Rights When Working With A Freelancer?

According to the International Trade Administration, intellectual property (IP) is any unique creation one can come up with, including inventions, artwork, symbols, images, commerce logos, or literary works. IP is incredibly valuable, and where businesses are concerned, IP is an intangible, precious asset that must be safeguarded. IP can be part of a successful [...]

2024-02-13T13:09:44+00:00Uncategorized|

Maintaining A Trademark Once It Has Been Registered

Federally registering a trademark can be an exciting step for a brand. Registration provides protections, and registering on a federal level encourages entrepreneurs to envision seeing their brand become a household name one day. However, the registration and visions of fame come with responsibilities. The main responsibility attending a trademark is maintaining it. Registration [...]

2024-01-17T18:34:33+00:00Uncategorized|

5 Ways Your Trademark Issue Can Result In Trademark Litigation

When you register your trademark, you likely do so to protect it against infringement. When others use your registered trademark without your permission, this is infringement. In some cases, infringement can lead to trademark litigation as the trademark owner seeks compensation for damages they have suffered as a result of the infringing activity. The [...]

2024-01-17T18:31:42+00:00Uncategorized|

What Is A Notice Of Suspension For Prior Pending Trademark Applications

Occasionally, a company develops and uses a trademark but does not find the time to register it with the United States Patent and Trademark Office (USPTO). A trademark owner in this position may find that when they try to register their mark to acquire federal protection, a similar registration or application already exists, leading [...]

2024-01-16T13:51:23+00:00Uncategorized|

Monitoring Your Existing Trademark Status

Per the United States Patent and Trademark Office (USPTO), it is the responsibility of registered trademark owners and applicants to regularly check their registration or application status. Doing this is vital since it ensures current and prospective trademark registrants are aware of any additional documentation they need to forward to the USPTO to maintain [...]

2024-01-17T18:28:53+00:00Uncategorized|

How To Sell Intellectual Property?

A Quick Guide for Monetizing Your Intellectual Property Selling your intellectual property can be a smart financial decision, but it comes with its complexities. Just like physical property, your trademarks, copyrights, or patents can be bought and sold. But, unforeseen factors, such as the growth potential for your brand can complicate valuing and setting [...]

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