Extending the time to respond to trademark office actions

When responding to an Office Action from the United States Patent and Trademark Office (USPTO) regarding a trademark application, there are several ways to extend or prolong the time allowed for a response. These extensions can be crucial for gathering additional evidence, formulating a legal strategy, or awaiting developments, like registration or abandonment of similar marks, that might impact the trademark application.

How to create acceptable, compelling trademark survey evidence?

For a trademark survey to be considered trustworthy and accurate, several important features must be incorporated into its design and implementation. These features ensure that the survey results are reliable and valid, providing meaningful data that can inform decisions or conclusions.

When should you use survey evidence to support your US trademark?

Survey evidence can be a useful tool in trademark prosecution before the United States Patent and Trademark Office (USPTO), especially in cases where the distinctiveness and recognition of a trademark among consumers is in question. Here are some specific situations where survey evidence might be utilized:

Can I trademark a name already in use but not trademarked?

Using a name in commerce can establish "common law" trademark rights, even if the mark has not been officially registered with a government agency like the United States Patent and Trademark Office (USPTO). These rights are generally limited to the geographic area where the mark is actually used. To find these you can search in Google, Google Maps and Amazon (and other platforms). Therefore, if someone is already using a name in business, they may have common law rights to the name in their local area or region.

Fake Brand or Counterfeit Brands - How to Avoid Them!

These knock-offs are usually of inferior quality and are sold at lower prices, potentially harming the reputation of the brand they mimic and posing safety risks to consumers. Here’s an overview of how to identify fake brands and protect yourself from counterfeits.

Extension of protection (EOP) extended to the U.S. and the Supplemental Register (Madrid Protocol Trademark)

An extension of protection (EOP) extended to the U.S. cannot be amended to the Supplemental Register. This can be challenging for International Applicants and attorneys must be aware of the risks that this limitation creates.