Trademark Blog

What is a False Suggestion of a Connection Trademark Refusal?

false suggestion of a connection

A trademark that falsely suggests a connection with individuals (living or dead), institutions, beliefs, or national symbols is ineligible for registration with the United States Patent and Trademark Office (USPTO). The Lanham Act (which is the federal law that governs trademark registration in the U.S.) requires the USPTO to refuse registration of a trademark if it concludes that a false suggestion of a connection exists. Unlike other types of rejections (such as merely descriptive and surname refusals), a showing of acquired distinctiveness cannot overcome a false suggestion of a connection refusal under any circumstances.

What is the Discovery Conference in a Trademark Cancellation?

discovery conference trademark cancellation

The discovery conference is the first thing the parties must do in a trademark cancellation after the answer is filed. The Trademark Trial and Appeal Board (TTAB) requires that the parties talk about particular matters concerning the cancellation before the discovery period opens. The parties are permitted to conduct the discovery conference in-person, but it’s typically done over the telephone for the sake of convenience. Although the TTAB doesn’t usually participate in the conference, either party may ask that a TTAB interlocutory attorney assist in scheduling and guiding the conference. This could be especially helpful if at least one of the parties has not retained an attorney.

What is a Collective Trademark?

collective trademark

A collective trademark is similar in some ways to a traditional trademark and is afforded the same protection from infringement and misappropriation under the law. Although they are far rarer than traditional trademarks, collective trademarks still play an important role in the marketplace and convey information to consumers that could affect their purchasing decisions and whether to do business with one product/service provider over another.

What is a Certification Mark?

certification mark

A certification mark serves a very different purpose than a traditional trademark (or service mark). Although certification marks aren’t nearly as common as trademarks, it’s still extremely important that businesses, organizations, and associations don’t ignore or overlook them when performing a trademark search to check the availability of a trademark for use with specific products or services. I strongly recommend reviewing my article titled “What is a Trademark?” before reading this article because it will give you some helpful background information about trademarks and the role they play in our everyday lives.

What is a Collective Membership Mark?

collective membership mark

A collective membership mark differs greatly from a traditional trademark (or service mark). Collective membership marks are much rarer than trademarks and most individuals, businesses, and non-profit organizations will never have to worry too much about them. Having said that, they still serve a very important purpose in our society and receive the same protections from infringement and misappropriation as traditional trademarks. Before continuing, I encourage you to review my What is a Trademark? article, which I think will help you better understand the information presented in this article.