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Articles: 1-10 of 27

Avoid Selecting a Generic Term as Your Trademark

USA - June 22 2021 Tempting as it may be to adopt a trademark that is the common name for your product, that may not be the best idea because you cannot prevent others…

Overcoming a “Failure to Function” Trademark Registration Refusal

USA - March 26 2021 The U.S. Patent and Trademark Office (USPTO) rejects many applications to register a phrase as a trademark on the ground…

How to Register a Common Shape as Your Trademark

USA - February 9 2021 Generally, a background design for a word trademark cannot be registered apart from the word mark unless the design is so intricate that it makes its…

The Pitfall of “Failure to Function” as a Trademark

USA - December 2 2020 If you adopt a recognized or widely used concept or sentiment as your trademark, don’t expect to have the exclusive right to use it or to register it…

Do You Think Coffee and Hard Cider are Related Drug Products?

USA - October 20 2020 Whether an ordinary purchaser would think so in the real world was not relevant to this trademark registrability analysis…

Modifying a Famous Slogan? Just Don’t Do it.

USA - September 24 2020 If you are thinking of registering a variation of a famous trademark for use as your own mark, think again…

How A Non-U.S. Trademark Applicant Establishes a Bona Fide Intent to Use in U.S. Commerce

Global, USA - August 26 2020 A non-U.S. applicant seeking to register a mark in the U.S. without having used it in U.S. commerce normally should take affirmative steps to…

Look into Local Connotations for Your Proposed Trademark

USA - August 20 2020 In selecting a word to use as a trademark, don’t assume you know what it will mean to all consumers…

Certification Mark Protectability

USA - July 28 2020 Certification marks differ from trademarks and service marks, but they are protected against uses of identical or confusingly similar terms just like…

Be Vigilant in Selecting and Protecting Your Trademarks

USA - June 25 2020 A pending lawsuit illustrates the importance of keeping your eyes open in selecting a new trademark, and also in monitoring applications by others to…