Highlights of the Changes in the New TMEPTrademark Services | Trademark Services
Below are some of the highlights of changes from the new version of the Trademark Manual of Examining Procedure. PART I: EXAMINATION CERTIFICATION MARKS Regional Origin – TMEP 1306.02(a) The defined region in the certification statement should be limited to the place named in the mark if the named place is famous […]
Dealer Financial Services Trademark Held Confusingly Similar to Dealers Finance Company TrademarkTrademark Services | Trademark Services
On June 30, 2011, the U.S. Trademark Trial and Appeal Board (“TTAB”) issued a non-precedential opinion in In re MarineMax, Inc. In its decision, the TTAB affirmed the Examining Attorney’s refusal to register MarineMax, Inc.’s trademark applications for DEALER FINANCIAL SERVICES and DEALER FINANCIAL SERVICES GROUP, both in standard characters and in design form based […]
Electronic Trademark Applications | Trademark Services
On July 27, 2011, the United States Patent and Trademark Office (“USPTO”) issued a notice regarding its electronic processing of trademark applications. The notice contained a few interesting statistics. For example, 98% of trademark applications are now filed electronically. And about 30% of the electronically filed applications using TEAS PLUS (i.e., using an identification of […]
How Long Does it Take to Get a Trademark? | Trademark Services
One of the most common questions asked is how long it takes to obtain a trademark registration. Of course, there are almost too many variables that can affect the length of the registration process. The time required can depend on the actions of the applicant (filing basis, waiting until the last day to respond to […]
A Registrant’s Natural Scope Of Expansion Is Not Applicable in Ex Parte Trademark ProceedingsTrademark Services | Trademark Services
The Trademark Trial and Appeal Board’s recent decision In re Kysela Pere et Fils, Ltd. found that the Applicant’s application for HB in standard characters for wine was confusingly similar to the Registrant’s HB design marks for beer. However, in so holding, the Trademark Trial and Appeal Board took the time to note that the […]
Comments on: Trademark Distinctiveness
In order for a word, name, phrase, symbol, design, or other device to function as a trademark, it must be distinctive. Otherwise, it is not a trademark. As such, the concept of distinctiveness is a crucial on in trademark law. In this regard, there are three categories of distinctiveness when it comes to trademarks. First, […]
Trademark Deadlines That Fall on a Saturday, Sunday, or Federal HolidayTrademark Services | Trademark Services
A common question that we receive from unrepresented trademark applicants relates to due dates that fall on weekends or holidays. When the day, or the last day, for taking any action or paying any fee in the United States Patent and Trademark Office (“USPTO”) falls on Saturday, Sunday, or a Federal holiday within the District […]
Intent to Use Trademark Applications Require Additional Steps and Fees Later OnTrademark Services | Trademark Services
If you are not yet using your trademark in interstate commerce (i.e., across state lines), you will need to file your trademark application based on an intent to use your trademark in interstate commerce. However, you simply need to be aware that an intent-to-use trademark application will result in additional fees later on. The U.S. […]
Trademark Specimens Are Strictly Construed | Trademark Services
At some point during the application process, an applicant must provide the U.S. Patent and Trademark Office with a specimen showing the applied for mark in connection with the goods or services identified in the trademark application. If the specimen shows the mark in use with goods or services that similar but still slightly different […]
Make Sure You List The Correct Goods Or Services In Your Trademark ApplicationTrademark Services | Trademark Services
As basic as it may sound, it is important to correctly identify (1) whether you are providing a good or a service under your trademark and (2) accurately identify the good or service you are providing under your trademark. Good are products while services are activities performed for someone else. The difference is not always […]