Why Apply for your trademark with Not Just Patents?
Most trademark applications are initially refused!
Not Just Patents can help to do it right and avoid refusals from the beginning
Initial refusal rates of
All USPTO trademark applications:
TEAS =86%,
TEAS Standard (new name for TEAS RF)=83%,
TEAS Plus=66% (lowest refusal rate).
Refusals are easier to avoid than to overcome, TEAS Plus has the best chance of being approved.
(Refusal rates From USPTO.gov trademark dashboard for FY2019)
Why Be First to File for a USPTO Trademark Registration?
• Trademark organization: United States Patent and Trademark Office (USPTO)
• Statutes: Trademark must have a live registration issued and active in the principal register
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Is your trademark important? Is it worth protecting? For many businesses, a trademark is one of their most valuable pieces of property. The tools to protect trademark rights take time to learn how to use properly. Experience matters. Not Just Patents has a good record of both protecting trademark applications from opposition and a good record of winning oppositions. The trademark opposition process requires knowledge of the rules and procedure.
Why Should I Have A Not Just Patents Trademark Attorney Answer My Office Action? We are very budget conscious. Saving an application filing date and the application saves money and time. We are able to fix a lot of refusals and overcome the descriptiveness refusals or identification problems or other common problems with trademark applications. Often after fixing problems, we usually go on to help the same businesses find better ways to protect other intellectual property assets such as other trademarks, patents and copyrights. A lot of repeat business is a sure sign that people are happy with our services. Call and ask us some questions and we can help you find ways to protect your rights in very budget conscious ways.
Can every trademark refusal or office action be overcome? Sometimes trademark applications have such huge problems with them, such as a strong likelihood of confusion problem with a competitive trademark, that no answer will overcome the refusal or should overcome. Getting refused and starting over with a better mark should be a much better strategy than getting sued for a likelihood of confusion or getting your web site shut down because it has a likelihood of confusion with someone else’s site.
The law that a trademark examiner uses to write a refusal is based on the same trademark law that the owner of the other mark could use to sue you. The trademark office and trademark examiners are trying to prevent future liability problems when they refuse applications; changes in trademark rules and procedure that affects applications come directly from lawsuits and other proceedings. The answers to refusals often require a knowledge of the appropriate strategy as well as trademark law. Experience matters.
If a trademark application is ‘Published for opposition’ does that mean it was opposed? Under U.S. Trademark law a trademark or service mark must be published for opposition before it can be registered on the Principal Register. This does not necessarily mean that it will be opposed or has been opposed. The TESS (TESS FAQ) does not show if a mark has been opposed but the TSDR does show it at the
Status field where it shows as Status: An opposition after publication is pending at the Trademark Trial and Appeal Board. For further information, see TTABVUE on the Trademark Trial and Appeal Board web page.
Looking for samples of Notice of Opposition or other trademark opposition samples?
TTABVUE at http://ttabvue.uspto.gov/ttabvue/ (Trademark Trial and Appeal Board Inquiry System) is searchable by proceeding number, application number, registration number, mark, party, and correspondent. For instance, if one enters ‘Monster or some other party name in the ‘party’ field and clicks search, all proceedings that involved ‘Monster’ as a party come up in a chart with Proceeding Filing Date as the left-
At the top of the document window, click on the printer icon to print or click on the download arrow to download the individual file being viewed.
How Often Are Trademarks Opposed?
Oppositions and Cancellations are Uncommonly Instituted But Are Real Threat Once Instituted
As reported in The USPTO Trademark Case Files Dataset: Descriptions, Lessons, and Insights, January 2013.
The vast majority of published applications proceed directly to registration without any opposition. An opposition proceeding instituted for only 2.8 percent of 4.0 million published applications with prosecution event-
A cancellation proceeding is instituted for only about 1.1 percent of the 3.4 million registrations with prosecution event-
Go Beyond Just Trademarkable To A Strong Mark: Aim Higher!
Do you know the answers to these questions?
These are all good questions to consider before adopting a trademark for use because if you are planning to succeed, it may be a good idea to be able to work that plan rather than abandoning it. [The abandonment rate of trademark applications at the USPTO (trademarks that did not issue) is very high, about half of applications never register.]
All of the above questions involve fact-
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TMk® Email W@TMK.law best or call 1- For more information from Not Just Patents, see our other pages and sites: |
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Are You a Content Provider- |
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Trademark Register FAQ Definition: Clearance Search teas plus vs teas standard approved for pub - |
Amend to Supplemental Register? |
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ID of Goods and Services see also Headings (list) of International Trademark Classes How to search ID Manual |
How to TESS trademark search- |
Likelihood of confusion- |
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Published for Opposition What is Discoverable in a TTAB Proceeding Affirmative Defenses |
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What is the Difference between Principal & Supplemental Register? |
What is a Family of Marks? What If Someone Files An Opposition Against My Trademark? Statutory Cause of Action (aka Standing) |
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