In the United States, the Lanham Act primarily governs the protection and use of trademarks and service marks, along with touching upon the related topic of unfair competition. The Lanham Act is where the United States Patent and Trademark Office (USPTO) obtains its guidance from. Before allowing a trademark to gain federal protection, one thing…
Avoid Trademark Application Rejection Due to a Likelihood of Confusion
When forming your trademark and preparing for registration, you will want your attorney to conduct a trademark search. As part of this search, your attorney will want to determine if there are other existing marks that may cause a likelihood of confusion with your brand’s mark. The greater the chance of a likelihood of confusion…
New Trademark Rule You Need to Know: Abandonment, Revival, and Reinstatement
Earlier this year, the United States Patent and Trademark Office (USPTO) released a final rule, which recently just went into effect in early July 2017. The rule, which amends, Title 37, Part 2 of the United States Code of Federal Regulations is meant to provide specific and detailed directions on the deadlines and requirements for (1) requesting revival of abandoned trademark applications, (2) requesting reinstatement of abandoned, cancelled, or expired trademark registrations, and (3) requesting any other action from the Director of the USPTO. Through the its changes, the USPTO hopes to make the process of applying for and maintaining trademarks easier and more efficient for the public at large. This post will primarily focus on the first two points of change.
THE TM LAWYER 