Author Archives: Eric Misterovich

A Uniform Domain Name Dispute Resolution Policy (UDRP) or domain dispute proceeding is an administrative proceeding regarding the use of domain names. How Does One File a UDRP Complaint? UDRP proceedings start when someone files a complaint in with either the National Arbitration Forum (NAF) or the World Intellectual Property Organization (WIPO). The filing fees […]

Concurrent use agreements allow two parties to use similar trademarks in different geographic territories. Here’s how these agreements work and when they’re the right solution.

Trademark opposition and cancellation proceedings are fought at the TTAB. Here’s a step-by-step breakdown of the procedure from filing a notice through trial and decision.

Trademark oppositions and cancellations can be filed on multiple legal grounds. Here’s an overview of the most common grounds used to challenge trademark applications and registrations.

A trademark opposition lets third parties challenge a pending trademark application before it registers. Here’s how the opposition process works at the Trademark Trial and Appeal Board.

The TTAB is the administrative tribunal that handles trademark opposition and cancellation proceedings. Here’s how the board works, what it decides, and how to appear before it.

The USPTO refuses trademark applications for terms that are primarily merely surnames. Here’s how to respond to a Section 2(e)(4) surname refusal and overcome the rejection.

A Section 2(d) office action refuses a trademark based on likelihood of confusion with a prior mark. Here’s how to respond and overcome a likelihood of confusion refusal.

The Lanham Act, the federal law governing trademarks, specifically prohibits the registration of trademarks that fall into a number of categories. For example, Section 2(e) lists the following types of marks that are precluded from registration: Marks that are merely descriptive of the goods or services offered under the marks; Marks that are primarily geographically […]

A trademark disclaimer removes legal protection from certain elements of your mark. Here’s how disclaimers affect your trademark’s scope and what disclaimed elements lose.