Articles News & Information About Intellectual Property
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, [...]
Domain Names And Trademark Law
Don't Let Your Brand Get Blocked: Avoiding Domain Name Disputes in the District Many people use domain names and trademarks interchangeably, but they are not the same. Domain names and trademark law, represent two of the most complicated concepts within intellectual property matters. In this article, you will learn more about domain names and trademark law, and why they matter to your case. Short Summary Domain Names vs. Trademarks: Trademarks protect symbols tied to goods or services, while domain [...]
What Happens If The Applicant Is Not Using The Trademark In Commerce On All Of The Goods/Services Listed In The Notice Of Allowance?
If the United States Patent and Trademark Office (USPTO) believes an applied for mark is registerable and it was not in use at the time the trademark application was filed, the USPTO issues the trademark applicant a Notice of Allowance (NOA) during the trademark registration process. However, the NOA only indicates preliminary approval; proof of using the mark in commerce will still be necessary to have the registration be issued. To prevent delays in the registration process and potentially [...]
