The Trademark Trial & Appeal Board issued a precedential decision affirming a refusal to register a mark because there was no direct association between the specimen and the applied-for services. In re Gail Weiss, Serial No....more
As you dive into the world of trademarks to protect your brand, one element you will encounter during the registration process with the U.S. Patent and Trademark Office (USPTO) is the “specimen of use.” Understanding this...more
In the world of trademarks, specimens of use (or proof of use) play a crucial role in obtaining and maintaining a trademark registration with the United States Patent and Trademark Office (“USPTO”). In this blog post, we’ll...more
This blog post explains the general requirements for specimens for trademark and service mark applications. There are numerous exceptions to these general specimen rules depending upon the type of the mark, the respective...more
To apply for a federally-registered trademark with the United States Patent and Trademark Office (USPTO), an applicant is required under 15 U.S.C. § 1051 to, among other things, submit specimens of the mark and verify that it...more
Statistics from 2018 reveal that .03% of trademark applications were paper filed. As such, effective February 15, 2020, paper trademark filings are no longer an option. The United States Patent and Trademark Office ("USPTO")...more
Beginning on February 15, 2020, with very few exceptions, submissions before the US trademark office will be required to be filed digitally. Also included in the rule changes and among the most significant change,...more
On February 7, 2020, the U.S. Trademark Office issued long-anticipated guidelines governing electronic filing and electronic communications with attorneys and trademark owners. Effective February 15, 2020, these new rules...more
Unlike in most countries, in the United States trademark registrations are supposed to reflect marks actually in use in commerce. Trademark rights in the U.S. are earned through use, not simply purchased. Nonetheless, there...more
The U.S. Patent and Trademark Office recently launched a pilot program to address an increasing number of altered or fabricated specimens submitted with use-based trademark applications. Fake specimens can now be reported via...more
As trade talks between Canada and the United States dominate the headlines, it is hard to ignore the strong economic ties between these neighbouring nations. For example, the total volume of goods exported from the U.S. in to...more
Brewers can protect the uniqueness of their brands of brew and brewery names by filing for federal registration of their trademarks. Here are a few things about the process that are good to know...more
Earlier this month the PTO announced the inception of its Trademark Specimen Protest Email Pilot Program; as the name suggests, the program encourages the public to report any specimens that do not appear to exhibit marks as...more
The U.S. Patent and Trademark Office (USPTO) announced a new pilot program on March 6 to allow protests against specimens that have been digitally created, altered, or fabricated. ...more