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Likelihood of Confusion in Trademarks

For many businesses, brand name protection is one of their most important assets. Brands helps customers identify a particular business as the source of that business’s goods or services. And once consumers find a brand they like, they’re loyal to it. Take Corona, for example. Come Cinco de Mayo every year in the U.S., you […]

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Trademark or Cultural Appropriation?

Kim Kardashian is in the news again, perhaps she never really left the news, but this time for a Trademark issue. She is trying to Trademark the name KIMONO for her shape wear line. A Kimono is a traditional Japanese garment. Although KIMONO is obviously spelled the same as the Japanese garment, it is a […]

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Cultural Intellectual Property Issues

A company in the mainland US recently trademark ALOHA POKE for a chain of restaurants, and subsequently sent cease and desist letters to restaurants throughout the country. [abc news]  Hawaiians were, understandably, not happy with this effort to trademark a cultural and traditional expression that was very important and had great meaning to them – […]

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Punctuation Matters at the US Patent and Trademark Office, Olivia Jade…..

The recent college admissions scandal has been abundant in the media in recent weeks. The story continued to grow yesterday when the US Patent and Trademark Office officially rejected Olivia Jade Beauty’s trademark application due to punctuation or more specifically, the lack thereof. The trademark officer, after reviewing the application, felt that the details for […]

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What is the supplemental register for trademarks?

When one door closes another opens… So, you’ve received a rejection on your trademark application stating that the mark is descriptive.  You can try to overcome the rejection, but if you’re unsuccessful, one option may be to move the mark to the supplemental register. “Since the enactment of the law in 1946, the Supplemental Register […]

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Non-Distinct Office Actions

We discussed on our previous post what an Office Action is when it comes to your trademark application.  Now, let’s take a little deeper look at the different types of office actions you may encounter and how they can be overcome.  The Examiner has issued an Office Action stating your mark was not distinct, meaning […]

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Non-Substantive Trademark Office Actions

We discussed on our previous post what an Office Action is when it comes to your trademark application.  Now, let’s take a little deeper look at the different types of office actions you may encounter and how they can be overcome.  The simplest Office Action is one dealing with non-substantive issues, such as insufficient information […]

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Trademark Office Action Confusion

We discussed in a previous post what an Office Action is when it comes to your trademark application.  Now, let’s take a little deeper look at the different types of office actions you may encounter and how they can be overcome. A more difficult, and sometimes impossible, Office Action to overcome is is one dealing […]

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Coexistence Agreements for Trademarks

A rejection received for many trademarks filed with the USPTO is likelihood of confusion, meaning the applied-for mark is confusingly similar to a registered mark. Overcoming a likelihood of rejection is done by arguing and analyzing the DuPont factors , and sometimes, a coexistence agreement may be helpful in overcoming the rejection as part of […]

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