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Service Mark Specimens Must Show a Direct Association With the Services

USA - May 31 2022 If you file a U.S. application to register a service mark based on its use in commerce, take care to select an acceptable specimen of use to support…

Likelihood of Confusion May Be Unpredictable

USA - April 13 2022 Two decisions by the Trademark Trial and Appeal Board (TTAB) illustrate the difficulty of predicting whether a likelihood of confusion will be found…

The Pitfall of Applying to Register a Mark that is Merely Descriptive of Some of Your Listed Goods or Services

USA - March 1 2022 If your mark is found to describe any of the goods or services identified in your application for registration, and they are in the same class as…

“Preparation” for a Service May Not be “Rendering” That Service for U.S. Registration Purposes

USA - January 27 2022 If you advertise a service, take preliminary steps to render the service, or both, and apply to register the service mark in the U.S. Patent and…

A Trademark May—or May Not—be Aesthetically Functional

USA - January 5 2022 When one party’s trademark is used ornamentally on another party’s product, that use may be protected by the aesthetic functionality defense, or that…

Choosing a Mark in a Crowded Field is Good and Bad

USA - December 7 2021 Garan Services Corp. filed an intent to use application to register MATCH STUDIO in plain lettering for “clothing, namely tops and bottoms.” It…

You may not Realize that your Trademark is Deceptive

USA - November 18 2021 Choosing a trademark with an appealing connotation normally is desirable. But if the mark conveys a plausible but false idea about some aspect of the…

Beware of Scam Trademark Notices

Global, USA - November 9 2021 A trademark owner should exercise caution to avoid paying a scam artist who sends a trademark notice requiring payment of a substantial "fee…

Your Existing Trademark Registration May Support an Application to Register a Similar Mark

USA - September 14 2021 Can your application to register an updated version of your previously registered mark be accepted despite a third party’s coexisting similar…

Disclaimers and Unitary Marks

USA - September 7 2021 When can the U.S. Patent and Trademark Office require you to make a disclaimer in your application to register a mark, what does it mean, and when…