How Can I Check the Status of My Trademark Application? The process of applying for a United States Federal Trademark registration takes a very long time.  After you file the application, the USPTO Trademark Office takes 12+ months to do its work to examine the application, publish it for opposition, and issue a final decision.  It takes several months for it even to be assigned to an examiner attorney at the USPTO, and of course, if there are any Office Actions or other hiccups, you will need to take additional steps to keep the application viable.  With such a long delay, and with so many technical details and steps that can arise, it is very important to monitor the status of your pending application, so as to ensure that you do not miss a deadline.  You see, the USPTO does not issue any refunds, and if you want to make the most of the money you are spending, you do not want your application to be abandoned due to a simple timing mistake.  The purpose of this short article will be to explain how you can keep apprised about the status of your pending application, so that you do not miss any important deadlines.

What is the Supplemental Registry and is it Right for your Trademark? Filing a trademark is one of the most effective steps a business can take to protect its brand. However, not all trademarks qualify for the same level of recognition and protection under U.S. law. If your trademark doesn’t meet the strict requirements for the USPTO’s Principal Register, the Supplemental Register could be an alternative.  But what exactly is the Supplemental Register? How does it differ from its counterpart, the Principal Register, and is it the right choice for your business? The trademark process can be very confusing and challenging for business owners.  This article breaks down the advantages, limitations, and considerations relating to the Supplemental Register to help you make an informed decision. 

Understanding What is a Substantive Office Action Refusal, and How to Overcome It The process of applying for a US trademark registration can be frustrating and paved with potential setbacks at every phase of the process.  One such potential setback is receiving a non-final or preliminary refusal, known as an Office Action. When filing for a trademark registration with the United States Patent and Trademark Office (USPTO), receiving an Office Action can be both frustrating and intimidating. Non-lawyers who file by themselves or via a " do it yourself" website are more likely than not to encounter an Office Action refusal.  For many, that is the end of the process, as they discover that their cheap "do it yourself" service does not (and indeed cannot) help them with the Office Action, and most people simply do not understand what the Office Action is, what they nee to do, nor that there is a strict 3 month timeline to respond.  While Office Actions can be difficult to overcome, very often a well-drafted response can achieve just that, a reconsideration of the refusal, and approval of the application to the next phase.  This article will help to give an introduction to substantive Office Actions, and the way in which to approach a response.

What Can Be Done to Help the Trademark Application Process Go As Smoothly As Possible? While the process to obtain a trademark registration at the USPTO is an important step in protecting your business's intellectual property and building up your brand as a valuable asset, the process itself can be overwhelming and frustrating for those unfamiliar with it.  The application process itself can be very costly, and if the application is not successful, the money spent is non-refundable.  Likewise, given that the process takes over a year, it can be frustrating to be using your trademark for that entire time before finding out there is a material problem which prevents you from obtaining a trademark registration (or which may even force you to re-brand).  As daunting as the process may seem, various preparations can help make the road to registration less bumpy.  By taking the right steps and avoiding common mistakes, you can make the trademark application process smoother and less stressful. Here's what you need to know.

What are the Registration and Renewal Requirements for a US Trademark? If you are a business owner in the United States, you probably already know that a US Trademark Registration is a very valuable asset that can protect your company's brand, and/or products and services.  A US Trademark Registration can help set you apart from competitors, and provides nationwide recognition and protection of your identity among consumers of your goods and services. Trademark registration gives your business the exclusive right to use your mark within your industry. This means no competitor can legally use a similar name, logo, or slogan that could confuse your customers. The exclusivity provided by a trademark strengthens your market position and builds customer trust.  But, knowing all the above, do you know what the process is to attain a Federal trademark registration?  More importantly, do you know the process to keep (ie. Renew) such a Federal trademark registration?  Very often, a lack of clarity or familiarity with either of these questions can cause a business owner to fail to attain a Federal trademark registration or lose one. The purpose of this short article is to provide an outline of the process and requirements. 

What Happens Next, After You File a Federal Trademark Application?   You’ve just taken the very important and wise step to protect your brand by having submitted your federal trademark application to the United States Patent and Trademark Office (USPTO). Congratulations! But what happens next? The trademark registration process can feel complex, overwhelming, and confusing,  especially for first-time applicants. Here’s a step-by-step guide to help you understand what to expect after filing your application.

What Proof Do I Need to Register My Trademark? Whether you are filing a trademark application seeking to register a trademark for the provision of services or the sale of goods, you will need to prove use of the trademark to attain a registration. Depending on whether your application is based on an "already in use" or "intent-to-use" basis, the timing of that proof will vary, but the substantive guidelines on what qualifies as proper proof will be similar. Having a grasp of the various guidelines for appropriately proving use to satisfy the USPTO requirements is an essential step that can maximize the chances of a successful application process.  This article will serve as an introduction on this topic, to help understand the ways you can prove use to satisfy USPTO requirements. 

Are you Ready for the USPTO Trademark Fee Increases Coming in 2025? What you Need to Know. If you're a business owner, entrepreneur, or anyone navigating the trademark registration process, it’s time to take note. The United States Patent and Trademark Office (USPTO) has announced important updates to its fee structure, effective January 18, 2025. These changes include higher filing fees, along with some notable shifts in the way filings are processed. Here's a breakdown of what you need to know to stay prepared.

How can I Effectively Protect my Brand's Trademark Worldwide? Whether your business is just starting out or has been growing for some time, it is inevitable that, at some point, you will want to know how you can protect your valuable brand identity and reputation beyond your current operations.  Such concern is important whether you plan on eventually expanding your operations or customer base, as well as to protect your brand identity from copycats.  A trademark registration with the United States Patent and Trademark Office will protect your brand within the entire US, but what if that is not enough...what if your aspirations are global in nature?  Two common questions that are often asked of trademark attorneys are "Is there such a thing as worldwide trademark protection?" and "How can I effectively protect my brand worldwide?"  While there is no such thing as a "global" or "worldwide" trademark registration, that does not mean that a business owner does not have options to secure the protection of their valuable trademarks internationally.  This article shall serve as an introduction to that process.

What is the USPTO, and what does it have to do with your quest to attain a Trademark? Small and medium-sized business owners have likely heard that registering their brand as a US trademark is an important step in the process and that a trademark can be the most valuable asset of a company.  However, they likely do not know the ins and outs of the process to attain a trademark and may feel intimidated by a process that seems, at first blush, very technical and daunting.  It does not help that unfamiliar terminology and acronyms are used by resources and attorneys alike, which confuses people.  In addition to legal jargon pertaining to trademarks, one of the most common sources of confusion is when business owners hear about the USPTO.  That acronym stands for the United States Patent and Trademark Office, a governmental entity in charge of both Patents and Trademarks. But for those seeking trademarks, you do not need to be scared off nor concerned about the patent side of things.  The patent side of the USPTO and the trademark side function separately and thus a trademark applicant need only be concerned with the USPTO's Trademark Office.  The USPTO oversees the examination and registration and thus can be a vital ally for entrepreneurs, startups, and small business owners looking to protect their intellectual property.

How E-Commerce Merchants Can Qualify for the Amazon Brand Registry E-commerce has become one of the fastest-growing industries over the last decade.  Consumers are more likely to order items online from the comfort of their homes more so than in prior years.  While the number of e-commerce platforms and marketplaces has grown steadily, the most popular and famous platform and marketplace,  Amazon, has become more or less a household name. From a website selling books, Amazon has now become one of the leading e-commerce platforms for selling any and all types of products online. For an e-commerce merchant, getting their brand on the Amazon Registry and marketplace can be very lucrative (since each year, several billions of dollars in revenue are generated from sales via Amazon). While being on the Amazon Brand Registry is not a guarantee of success, it can catapult merchants in the right direction.  Therefore, it is unsurprising that many merchants desire to get their brands listed on Amazon.  However, the process of getting accepted into the Brand Registry can be confusing, frustrating, and time-consuming for small business owners and e-commerce merchants. This article will explain the process and provide insights into how a trademark attorney can make all the difference in helping you get started with the Amazon Brand Registry.

Now What? Obtaining a trademark is crucial for any business owner or entrepreneur who wants to safeguard their brand. However, the process can be daunting for business owners who decide to go it alone without the benefit of an attorney leading the process.  Receiving a Notice of Allowance from the United States Patent and Trademark Office (USPTO) is a key milestone in this process. In this blog article, we'll discuss what a Notice of Allowance entails and guide you through the necessary steps to safeguard your trademark after receiving that notice.  Hopefully, this information will help alleviate some of the stress and confusion revolving around intent-to-use trademark applications.

Trademark Wars: Federal vs. State Registration Explained Did you know that you have a choice between State and Federal trademark registration? Which is better for your particular business? What are the costs of each? As a business owner, navigating the multifaceted world of trademarks can often seem like engaging in a complex strategic game, one that requires savvy decision-making to protect your brand effectively. Understanding the difference between state and federal trademark registration is critical for creators, startups, and small business owners alike. But why choose one over the other, and what are the implications of your choice? This blog post will unpack the distinctions between state and federal trademark registrations, articulate their respective benefits, and provide insight into which might be the best choice for protecting your creative or commercial endeavors. It will also highlight the potential impacts on your brand's security, and the legal ramifications of each option.

Foreign Domiciled Trademark Applicants take Note, you need a US Licensed Attorney! For many individuals or organizations based outside the United States of America looking to protect their brand, a United States trademark is a very good option. In fact, a significant percentage of new trademark ...