In the United States, for (most) trademarks to be registered, they must be used “in commerce” that the U.S. Congress may lawfully regulate. This can be a tricky topic, even for lawyers who do a lot of this work, especially since Congress seems to have pretty broad authority to regulate commerce. The clearest examples are interstate commerceRead More…
How Long Does the Trademark Registration Process Take?
Generally speaking, it can take at least a year from applying to receive a registration at the U.S. Patent & Trademark Office. The USPTO has a page that publishes data on its processing times. It currently shows an average of 7.9 months from filing to first examination, and an average of 14.4 months from filing to either registrationRead More…
What is a Letter of Protest?
A letter of protest is a filing at the Trademark Office that allows a third party to provide information to the examiner about someone else’s pending trademark application. Let’s say your business becomes aware of someone else applying for a trademark that you think is confusingly similar to yours. Or maybe the application is forRead More…
What is a Trademark Opposition?
Before issuing a trademark registration, the USPTO will “publish” the underlying application in case others want to “oppose” registration. There is a 30-day window for filing an opposition, but it can be extended upon request. Where does the USPTO publish applications, you may ask? In the Trademark Official Gazette, of course. The Official Gazette –Read More…
What do the TM, SM, and ® symbols mean? What about the © symbol?
If a mark is registered with the USPTO (or with certain other countries’ trademark offices), the “circle R” or ® can be used. As the USPTO explains, improper use of the ® symbol can lead to problems. If a mark is not registered, but the owner claims common law rights, you may see a “TM”Read More…