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What is a Trademark Disclaimer?

Oftentimes, the United States Patent and Trademark Office (USPTO) will issue an office action after you have filed your trademark requiring a disclaimer for one or more of the words contained in the mark. Assuming there are no other outstanding issues, simply agreeing to the disclaimer will allow your mark to proceed to publication. But […]

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What is the Supplemental Register for Trademarks?

The United States Patent and Trademark Office (USPTO) has two registers for trademarks: supplemental and principal. The supplemental register is reserved for descriptive, surname, and geographical marks that do not qualify for the principal register. Ideally you will be on the principal register, but sometimes, you are asked to be on the supplemental register. You […]

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Trademarks: What Are They and How Can I Get One?

By registering your trademark, you will enhance the legal protections afforded to your brand.  It ensures the public knows the proper and accurate source for your business’s products or services.  Trademark law helps your business distinguish itself from the competition and prevents others from confusing your customers.   If you plan to expand your business or […]

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One Man Holds Many Possible Trademarks For The “New” Washington Redskins

The NFL team is changing their name. Will a “Trademark Troll” profit from it? The Washington Redskins announced this week that they will be changing their team name after mounting criticism that the name is offensive to Native Americans. https://abcnews.go.com/US/washington-redskins-change-years-backlash/story?id=71744369 However, one fan has already jumped on trademarking potential options for new team names for […]

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What is TEAS Plus When Filing a Trademark Application?

In the past, we have talked about many different trademark topics.  When looking at trademarks themselves, we have discussed the difference between ® and TM.  After a trademark has been filed, we have written various blogs about office actions and how to respond to them, including, likelihood of confusions rejections in trademark applications, non-distinct office […]

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™ vs. ® – The difference between them.

Next to most logos or brand names, you can find either a ™ or a ®.  Obviously, they must have some significance, but what is the difference between the two symbols? First and foremost, the ™ means that the mark is being used as a trademark to denote the source of the goods.  It should […]

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OSU’s Confusing Trademark Application

Ohio State University has filed a trademark application with the United States Patent and Trademark Office for “THE,” in international class 25 for use on clothing, namely, t-shirts, baseball caps, and hats.  Ohio State has frequently, much to the chagrin of anyone who did not attend the university, referred to it as “The Ohio State […]

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Would a Trademark Attorney Have Helped 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 Office Actions are 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 it […]

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