Category: USPTO
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Collateral damage: publisher opt-outs threaten the Wayback Machine’s value for trademark attorneys (Originally Published In World Trademark Review)
Trademark attorneys may become collateral damage in a growing trend of publishers and platforms preventing the Wayback Machine from archiving their webpages. The New York Times, USA Today, The Guardian and Reddit are now among those limiting or blocking the non-profit’s crawlers, citing concerns that the internet archive will become an alternative avenue for AI…
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Five Big Brand Names That Probably Gave Their Trademark Attorney Heartburn (And How to Avoid Descriptiveness Rejections)
Descriptiveness rejections are one of the main issues to look out for when you file a trademark application to the United States Patent and Trademark Office (USPTO). Other than being too similar to another trademark, descriptiveness rejections are one of the big causes of substantive Office Actions. We compiled a list of a five brand…
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Trademarks For The Amazon Brand Registry: How They Work Together
If you’re a retail company, you have probably heard of the Amazon Brand Registry. At first glance, it seems like it’s just a platform feature with some pretty strict requirements. In reality, it’s closely tied to trademark law. Understanding how those two systems interact can save a significant amount of time and confusion, especially as…
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What Do You Need to File a Trademark? (Practical Pre-Filing Checklist)
If you’re thinking about filing a trademark, you’re probably asking a very basic but important question: What do you actually need before you file a trademark application? Some resources tend to muddy the waters, but the answer is simpler than most people expect. Before you file, you need a clear brand name, the correct owner,…
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What Is a Trademark Specimen? A Practical Guide for U.S. Applicants
At many times throughout the life of your trademark application or registration in the United States, the United States Patent and Trademark Office (USPTO) will require proof that you are actually using your mark in United States commerce. That proof is called a “specimen of use”. A strong specimen shows the USPTO exactly how customers encounter…