Trademark: From Application to (Opposition) to Registration

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Trademark: From Application to (Opposition) to Registration

We previously published posts on trademark selection and preparing and filing trademark applications. When looking to adopt a trademark, it is best for the mark to be fanciful, arbitrary, or at the very least suggestive, with reference to your goods and/or services. When undertaking the trademark selection process, do your research and avoid selecting marks that could be considered similar to another mark already in use, in your same industries in particular. ...

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The Trademark Test You Don’t Want Your Mark To Fail

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What you need. What we know.™ – Trademarks: Likelihood of Confusion

At the end of 2013, the USPTO employed 409 trademark examining attorneys. Any one of these 409 trademark examining attorneys could be assigned to examine your application and could issue an initial “likelihood of confusion” refusal for your trademark application. Clients, of course, never see the “likelihood of confusion” issue in the same way as the trademark examining attorney does.

In order to attempt to “win” the argument, however, and defeat the refusal ...

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