Trademark Registration Archives

What is the Supplemental Register for US Trademarks?

The Supplemental Register is provided by the United States Patent and Trademark Office (USPTO) as a way to federally register certain types of US trademarks. Although it doesn’t offer all of the benefits and protections of the Principal Register, it’s still a valuable tool that should be utilized under appropriate circumstances.

The USPTO maintains two separate trademark registers. The Principal Register is reserved for trademarks that are considered “distinctive.” On the other hand, the Supplemental Register is for trademarks that have not yet acquired distinctiveness or “secondary meaning” in the minds of consumers.

What is Proof of Use for Trademark Registration?

Proof of Use for Trademark

Proof of use for trademark registration is something that’s often misunderstood by people who choose to file their own trademark applications. It’s not uncommon for people to contact me after receiving a trademark office action from the United States Patent and Trademark Office (USPTO) indicating that registration of their trademark is being refused because the proof of use they submitted (referred to as “specimens”) is insufficient or improper. This trademark specimen refusal causes significant delays in registering their trademark and, in some cases, can even lead to their trademark application going abandoned and having to start the trademark registration process all over again.

What is Use in Commerce for Trademark Registration?

What is Use in Commerce?

Use in commerce is vitally important in US trademark law, especially with regard to registering a trademark with the United States Patent and Trademark Office (USPTO). The definition and meaning of use in commerce is something all trademark applicants should fully understand because it can greatly affect the validity of a trademark application and any resulting trademark registration.

How Do I Overcome a Likelihood of Confusion Rejection?

likelihood of confusion rejection

Overcoming a likelihood of confusion rejection issued by the United States Patent and Trademark Office (“USPTO”) can be one of the most difficult things to accomplish in the entire US trademark application process. Under Section 2(d) of the Trademark Act, the USPTO is legally obligated to refuse registration of your trademark if it’s likely to cause confusion with a mark in an existing registration. If there’s a conflicting mark, the examining attorney in charge of reviewing your trademark application will send you a trademark office action explaining in detail why confusion is likely. If you don’t file a response by the deadline, your application will go abandoned and you’ll have to begin the trademark process all over again (unless you’re eligible to file a Petition to Revive).

Can I Trademark a Product Name?

trademark product name

People ask me all the time if it’s possible to trademark a product name. The answer is….sometimes. Some categories of product names are eligible for federal trademark registration with the United States Patent and Trademark Office (USPTO), while others are not. In general, the more unique and creative your product name is, the easier it will be to register it as a trademark and the greater scope of protection it will receive.