In the past year, I have dealt with one issue more times than I have in the previous ten years of practice: correcting or changing the applicant name in a trademark application during prosecution. Apparently trademark applicants are mis-identifying themselves…
A trademark coexistence agreement is an agreement between two parties about their respective use of the same or similar trademarks. They generally allow two trademark owners to use identical or similar marks, usually in a manner designed to avoid consumer…
Trademark applications are examined after they are filed. This is part of the trademark prosecution process, and it sometimes results in an initial refusal, or “office action.” Office actions are simply official letters from the Trademark Office. The Trademark Office…
The US Patent and Trademark Office processes trademark applications in the order in which they are received. Before 2020, that led to wait time of about 3 months before an application would be substantively reviewed by a trademark Examiner. This…
Trademark applications in the US can be based on use, an intent-to-use, or a foreign trademark application. When a trademark application has been previously filed outside the US, for certain entities there are ways to enter the US based on…
About two months ago, the Trademark Office announced entities would have to begin disclosing their personal email addresses in trademark applications and trademark registrations. I joined almost 200 trademark attorneys in protest of this rule. We argued that it would…
Many say cannabis is the next “Wild West.” Although a convenient metaphor, it is not entirely appropriate. Expansion into the American West was full of risk, speculation, and fraud. The growth of the cannabis industry has been continuous and risky,…
About two months ago, the US Patent and Trademark Office proposed a rule change for representation of foreign trademark applicants. The rule would affect trademark applicants, registrants, or parties to a proceeding such as an opposition or cancellation, whose domicile…
Trademark applications frequently are filed and then need to be amended slightly. Changing a trademark can be straightforward. Sometimes these amendments are to change the identification of goods or services for the application, or to change the way the mark…
A trademark application which is filed on an intent-to-use basis always presents slight risks since the application is filed before the owner has begun using the trademark and before the owner knows 100% how the trademark will be used. There…