Common mistakes to avoid: Failure to update Ownership information: Section 8 and Section 9 documents must be filed by the current owner. If the documents are not filed by the proper owner, the documents may be refused and the registration could be canceled. Ensure all information in filing is accurate: If goods or services currently…
Applications for trademarks used on regulated products (e.g. cannabis, drug paraphernalia, ivory, whalebone) and activities (e.g. gambling and wagering, retail stores featuring controlled substances) are subject to additional review. The USPTO may inquire about your compliance with federal law before issuing a registration. If your goods, services, or trademark violate federal law, we will issue…
Under Federal Law, interstate commerce is any commercial transactions or traffic that cross state boundaries or that involve more than one state. “Interstate commerce” as it relates to the sale of goods includes transporting the goods across state lines and the mark must be displayed on the goods or the packaging associated with the goods….
An office action is an official letter sent by the USPTO. In it, an examining attorney lists any legal problems with your chosen trademark, as well as with the application itself. You must resolve all legal problems in the office action before we can register your trademark. In an office action, an examining attorney may…
Establishing trademark rights requires that you use the trademark. You can preserve future rights to a trademark by submitting a trademark application with the United States Patent and Trademark Office. In general, trademark are not required by federal or state law and not every business needs a trademark. However, a registered trademarks allows you to…
Several options exist to challenge another party’s trademark registration or application, depending on the particular circumstances and grounds for challenging: You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB). You may challenge an application for trademark registration at…
