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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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What is Intellectual Property?

Intellectual property (IP) is a term that includes property that essentially comes from the mind, including trademarks, copyrights, patents, and, to a lesser extent, trade secrets. It is vital to understand the difference between the types of IP in order to determine what you and your business needs. Simply put, you copyright your expression of […]

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Trademark Office Action

USPTO calls it an Office Action, but let’s call it what it really is; It’s a rejection letter. For lack of a better metaphor, they have swiped left on your trademark application and they are just not that into you. So, let’s dive into the details of your letter and answer the all-important question at […]

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Do I Need to Change My Business Name? (I Just Learned Someone Else Has the Same Name)

When starting a new business, there are so many issues to concern yourself. Forming a company. Registering with the city. Filing taxes. Obtaining insurance. Hiring people. Forming partners. Opening a bank account and a merchant account. Finding customers, then fulfilling orders or providing services. Trying to get paid. Meeting payroll. Finding the right vendors. The […]

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Protecting Intellectual Property

2018 Pro Bono IP Fair

A Familiar Story Imagine creating something amazing. It’s well made and appreciated by your peers and shared among them. You spend time thinking and rethinking your work, making it better and better only to find someone has stolen your work and now you don’t have any legal claim to your own work because of a […]

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