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What is a trademark specimen? The United States Patent and Trademark Office (USPTO) requires applicants to submit a specimen as part of their trademark application to show that the mark is actually being offered for sale. A trademark application specimen is a sample of how a trademark is actually used “in commerce” to identify the […]

My Trademark Specimen Was Rejected – Now What?

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Typically, when discussing “generic” marks, we’re looking at one of two situations: either a business owner wants to protect a generic phrase, OR a trademark has become generic. Let’s look at both of those here. Generic Marks are not protectable by trademark law In order for a trademark to be valid and protectable, it must […]

What is a “Generic” trademark?

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If you applied for a trademark as an “intent to use” mark with the USPTO, you may have received a “Notice of Allowance”– and that’s great news! But now, to actually complete the registration process, you must file what is known as a “Statement of Use.” What is a statement of use, and when must […]

What is a Trademark “Statement of Use”?

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We know that a Federal Trademark Registration provides protection for your brand. But did you know there are additional steps that can strengthen that registration? One of those additional steps is filing for trademark incontestability. When your trademark is incontestable, you obtain even more advantages in the instance of a dispute. What is an incontestable […]

Should I File as an Incontestable Trademark?

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Considering a trademark?