Trademark Law Insights

A Petition for Reexamination led to the TTAB cancelling Everwise Credit Union's trademark registration after finding its statement of use reflected token use, not bona fide use in commerce.

The TTAB affirmed a Section 2(d) refusal for GREEN LIGHT RETIREMENT PLAN, finding that the dominant term "Green Light" created likely confusion with existing Greenlight Capital marks for identical financial services.

The TTAB affirmed a likelihood of confusion refusal for CLUTCH against CLUTCH OUTDOORS, finding the marks similar and the goods identical in part. The April 2026 decision also addresses what happens when your own prior registration predates the marks cited against you.

A TTAB decision from April 2026 reversed a likelihood of confusion refusal against a small café whose mark resembled an established packaged food brand. The examiner's evidence of relatedness between food products and restaurant services was found insufficient to meet the "something more" requirement.

A USPTO identification of goods refusal ended Plazer IP's trademark application after multiple failed amendments. The TTAB's March 2026 decision explains why describing how goods are made, or what benefits they provide, is not the same as identifying what those goods actually are.

Trade dress protects the look and feel of a product, its packaging, or a business. Here is an overview of the law and how to assess whether your trade dress qualifies for protection.

A March 2026 TTAB decision affirmed specimen refusals against DEKA Research in Classes 9 and 10 of a trademark application for intradermal injection devices. Class 9 was lost because the appeal brief argued about goods that were not in the application. Class 10 was lost because the specimen's own directions contradicted the claimed goods.

A March 2026 TTAB decision required Spotlight Oral Care to disclaim MADE BY DENTISTS across five applications for dental products. The Board found the phrase immediately conveys that the goods were designed by dental professionals, a characteristic of the goods, not a source identifier.

Zuffa (UFC's parent company) cancelled a BMF trademark registration in March 2026 after the owner couldn't recall basic details of his own use at deposition and produced only a receipt for prop money as evidence. The case illustrates what use in commerce actually requires and why the Statement of Use is a serious legal declaration.

If you filed a trademark application outside the United States, you may be able to claim a US filing date that predates your actual US application. Here is how Section 44(d) priority works and what it takes to use it.

A plain-English walkthrough of every stage in a TTAB trademark opposition proceeding, from the notice of opposition through final decision and appeal.

The USPTO will refuse a mark that merely identifies a fictional character in a creative work. Getting a character registered requires showing that its name or image functions as a brand identifier, not just a reference to who's in the story.

Whether your name can function as a trademark depends on how you're using it. Federal law distinguishes between a name that identifies who created something and one that identifies the source of a series of works.

Filing a trademark application in the wrong name can render it void from the start, with no path to correction. An overview of the key things you should know about identifying the true trademark owner.

Two businesses can share the same trademark under some circumstances and not others. The outcome depends on factors like what each sells, where each operates, and whether either holds a federal trademark registration.

Registering an LLC with the state is not the same as owning a trademark. The two are different legal concepts that serve different purposes, and treating one as a substitute for the other can be a costly mistake.

What to actually do after receiving a likelihood of confusion refusal from the USPTO: the realistic options, what each one involves, and how to decide which path makes sense for your situation.

Trademark conflicts do not require identical products. Learn how the USPTO evaluates whether goods and services are related enough to create a likelihood of confusion.

How does the USPTO decide how similar trademarks are? A plain-English walkthrough of the key legal principles.

Thinking about transferring a trademark? Avoid critical errors.

The TRUMP sneaker trademark registered despite a specimen showing the goods were only available for pre-order. Under USPTO rules, a pre-order is not use in commerce. Any third party can file a petition to initiate re-examination. Here is how.

The difference between a descriptive mark and a suggestive one determines whether your trademark can be registered without additional proof. Courts and the TTAB have drawn that line case by case for decades. Here is what those decisions say.

Received a mere descriptiveness refusal? Here are some of the arguments available, what each requires, and what happens next.

A descriptive trademark is not automatically dead on arrival. If the mark has been in use long enough to acquire secondary meaning, Section 2(f) offers a path to the Principal Register. This explains what that requires and when the Supplemental Register is the smarter move.

A merely descriptive refusal is a legal argument built from specific evidence. Understanding how examiners construct that record is the first step toward knowing how to challenge it.

Section 2(e)(1) bars registration of marks that are merely descriptive. An overview of the law and how the USPTO applies it.

Every day without a federal trademark application is a day someone else can file first and establish nationwide priority over your brand. Here is how the first-to-file system works and why filing sooner matters.

Finding out a competitor filed a trademark application for something you have been using for years is alarming, but it is not necessarily the end. Prior use creates rights, and there are formal ways to assert them. Here is what your options are.

From filing to registration, the trademark examination process takes 12 to 18 months or longer. This post is a breakdown of what is happening at each stage.

A chocolate company with a MERCI mark tried to block a competitor's DANKE mark by arguing both words mean "thank you." The TTAB dismissed the opposition.

Trademark, copyright, and patent law protect different things. A breakdown of what each covers and how long protection lasts.

A British Virgin Islands company claimed a 2021 priority date in a U.S. trademark dispute even though its home country is not party to any trademark treaty with the United States. The TTAB said the priority claim was valid. Here is why.

The USPTO refused to register GASPER ROOFING because it allegedly sounded too much like JASPER CONTRACTORS. The TTAB reversed the refusal. Why one letter was enough to make a difference.

In a Madrid Section 66(a) application, the IB controls classification and the USPTO is prohibited from changing it. A post explaining the practical consequences and how to avoid them.

Ye Mystic Krewe of Gasparilla got the owner of a conflicting mark to sign a consent agreement. The USPTO still refused registration. What went wrong and what a consent agreement needs to say.

The Madrid Protocol allows brand owners to add new country designations to an existing international registration at any time. A post on how subsequent designations work and when to use them.

The mark in an international registration cannot be amended under any circumstances. Here is why that constraint shapes when and how to file internationally.

Madrid filing is efficient and cost-effective across many markets. Direct national filing is independent and flexible. The right answer depends on a set of variables specific to your brand and markets.

For five years after international registration, if your U.S. basic mark fails, your international registration falls in every designated country simultaneously. A post with risk management tips.

The Madrid Protocol lets you file one application and seek trademark protection in 130+ countries. An overview of how it works and its pros and cons.

When your trademark application is published in the USPTO Official Gazette, a 30-day window opens for third parties to oppose your registration. A post on what publication means, who is watching, and what to do if someone files.

A federal trademark registration can be recorded with U.S. Customs and Border Protection for $190 per class, giving CBP the authority to detain, seize, and forfeit counterfeit and infringing goods at the border before they reach U.S. consumers.

The TTAB reversed a disclaimer requirement for the word ARCHITECT in KORN FERRY ARCHITECT, finding the examining attorney failed to show the word was merely descriptive under either a purchaser description theory or a term of art theory.