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Recent Trademark Scams: What to Watch for & What to Do Next
In this article: United States Patent and Trademark (USPTO) records are public which allows Trademark scammers to target applicants for new and existing trademark applications and registrations. The most common plays include attempting to trick you into paying fake “government fees”, messages that pretend your application has a problem, and messages that pretend a third-party is filing for the same mark that you just abandoned. Some scammers also pretend to be licensed attorneys and offer to file your trademark [...]
Patents and Trade Secrets: When to Disclose Your Invention and When to Keep Your Invention Secret
If you have an invention that you’re interested in protecting, you may have heard that you should be careful who you tell about it. This is good advice, but how do you know who to tell and when? What consequences are there for disclosing an invention under U.S. law, and what recourse is there if someone steals your invention? At War IP Law PLLC, we have experience navigating these questions and can provide you with specific advice on how [...]
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 the USPTO. Although the “merely descriptive” trademark refusal is quite common, it is also generally challenging to overcome. If you have received a rejection, especially [...]
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. These challenges take the form of “office actions,” official letters from the USPTO informing applicants of various issues. If applicants fail to resolve these issues, [...]
