Trademark cancelled - Failure to make Section 8 and 9 filings

If the Section 8 and 9 filings are not timely made between the 9th and 10th year after registration (or within the 6-month grace period with an additional fee), the registration will be canceled. Can it be revived?

Protecting fictional characters through Trademark and Copyright

It's critical for content creators to understand how to protect their characters under intellectual property law. In the United States, the two most relevant forms of IP protection for fictional characters are copyright and trademark. courts have long recognized that sufficiently distinctive characters are entitled to copyright protection. The seminal case on character copyrights is Nichols v. Universal Pictures Corp., where Judge Learned Hand articulated the now famous "sufficiently delineated" test.

Trademark Publication for Public Notice and Conflict Resolution

Trademark publication is a critical step in the trademark registration process. It serves several important purposes:

1. Public Notice: It provides public notice of your intent to register a trademark, allowing anyone who believes they would be harmed by the registration to oppose it.
2. Legal Transparency: Ensures transparency and fairness in the registration process by giving third parties the opportunity to voice concerns or objections.
3. Market Clarity: Helps maintain a clear marketplace by preventing the registration of trademarks that are confusingly similar to existing marks.
4. Conflict Resolution: Facilitates the resolution of potential conflicts before a trademark is officially registered, thus preventing legal disputes post-registration.

Why is a Statement of Use (SOU) required for my trademark?

The Statement of Use serves as a bridge between the intent to use a trademark in commerce and the actual use, which is a requirement for the registration of a trademark. This requirement is rooted in the principle that trademark rights in the U.S. are based on use of the mark in commerce, rather than merely on the registration of the mark. Understanding the SOU, its purpose, requirements, and implications, is essential for anyone navigating the complex waters of trademark law.

Trademark Revival - the Good and the Bad

The United States Patent and Trademark Office (USPTO) allows for the revival of abandoned applications under certain conditions, primarily if the abandonment was unintentional. This procedure is not just a bureaucratic formality; it's a lifeline for businesses and individuals who, due to various reasons such as oversight or miscommunication, missed crucial deadlines during the trademark registration process. Understanding the nuances of trademark revival, the steps involved, its potential advantages, and disadvantages is essential for navigating the complexities of intellectual property management.

Famous trademarks unintentionally abandoned and not renewed

Famous trademarks unintentionally abandoned and not renewed There have been notable instances where trademarks were...