Category: Trademark

Applications to register trademarks are filed and reviewed by the US Patent and Trademark Office (USPTO). In the very broadest sense possible, there are three potential results that can flow from the filing of a trademark registration application — approval, denial, and abandonment. Abandonment means that barring some action to revive the application, the application […]

In brief, current trademark filing fees (2023) are: Additional details are provided below. Applications for registration of a trademark are filed with the U.S. Patent and Trademark Office (“USPTO“). As with any government agency, there are many fees that are charged for various filings. As of 2023, the basic filing fee for a trademark registration […]

To be eligible for registration, a trademark must be used in commerce. At the federal level, trademarks are registered by the US Patent and Trademark Office (“USPTO”), and registration of trademarks by the USPTO requires use in interstate commerce. That is, the sales of goods and services that cross the borders of States. Among other […]

If you are seeking to register a trademark, you must register your trademark with at least one Class of goods or services. Think of Classes as categories. On the application for registration, there is a section where you indicate which Class or Classes you want your trademark to be associated with. Currently, there are 45 […]

Brand management is crucial to the success of businesses in this internet, social media, and influencer age. While the term “brand” is a bit broader and free-flowing, at heart “branding,” is about “trademarking.” When managing your brands and trademarks, you need your marketing staff, but it is just as important to have experienced trademark lawyers […]

Trademark incontestability is a special status trademark. The process of obtaining incontestability involves filing with the US Patent and Trademark (“USPTO“) a form (with supporting documents) called a Section 15 Declaration of Incontestability. The Declaration can only be filed by the owner of a trademark, can only be filed if the trademark is listed on […]

We start by understanding that all trademarks must be registered in association with some product or service. For example, the trademark PEPSI is most highly associated with a beverage, and EXXON is associated with petroleum products. For purposes of administration and management, trademark offices around the world have subdivided the vast number of goods and […]

Trademarking your company name is almost always a good business decision. Over time and as they become more famous, trademarks are valuable business assets in and of themselves and have been proven to drive sales through customer loyalty, product identification, and the ability to help launch new products creating new revenue streams. Trademarks serve an […]

Trademark clearance searches are a crucial initial step in establishing and registering a trademark. If you think that you have created a good trademark — a word, phrase, design, logo, mark, etc. — it is essential to ensure that your proposed trademark is not already in existence and not already being used. Under trademark law, […]

Last week the United States Patent and Trademark Office (USPTO) suspended all trademark applications involving marks subject to refusal under 15 U.S.C. § 1052(c) (or “section 2(c)”) that are critical of government officials or public figures. This comes after the United States Court of Appeals for the Federal Circuit in In re Elster, 26 F.4th […]