Can You Use a Dead Trademark That Shows Up in a Search?
A dead trademark in the USPTO database means the record is no longer active, not that the owner stopped using the name. What to check before you adopt it.
Tag: Trademark
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How Is Likelihood of Confusion Decided for Trademarks?
Likelihood of confusion is the test the USPTO and courts use to compare trademarks. The du Pont factors, the two that decide most cases, and how to apply them.
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How Do You Oppose a Trademark Application at the TTAB?
You have 30 days from publication in the Official Gazette to oppose a trademark application, or to buy time with an extension. Here is how the process runs.
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When Is a Section 8 Declaration of Use Due for Your Trademark?
Your first Section 8 declaration of use is due between the fifth and sixth anniversaries of registration. Miss it and the grace period and it is cancelled.
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How Does the Madrid Protocol Work for a U.S. Trademark Owner?
One filing through the USPTO can reach dozens of countries under the Madrid Protocol, but the result rides on your U.S. mark for five years. Here are the steps.
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How to Respond to a Likelihood of Confusion Refusal
A Section 2(d) likelihood of confusion refusal is answered with evidence, not opinion. Six ways to respond, from du Pont arguments to consent agreements.