The United States Patent and Trademark Office (USPTO) has announced a new trademark fee adjustment rule that will take effect on January 18, 2025. This adjustment aims to provide USPTO with the necessary funding to address the growing volume of trademark applications, optimize the trademark registration process, clear unused trademarks, and combat fraud that threatens […]
Author: Yaling Zhou
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Trademark Cancellation
Trademark cancellation is a legal process designed to challenge and potentially remove an existing registered trademark. There are three primary methods to initiate a cancellation, with the traditional process being managed by the U.S. Trademark Trial and Appeal Board (TTAB). This traditional cancellation process is modeled after federal civil litigation, making it complex, time-consuming, and […]
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Trademark Opposition
The U.S. Trademark Trial and Appeal Board (TTAB) is responsible for handling trademark opposition proceedings. The opposition period for a U.S. trademark is relatively brief, lasting only 30 days, though an extension can be requested by the opposer if additional time is required to prepare the case. Common grounds for filing a trademark opposition include: […]
During the U.S. trademark registration process, various petitions and requests can be submitted to address specific needs or issues. Here are some of the most common petitions: Letter of Protest: A Letter of Protest allows third parties to challenge the registrability of a trademark while the application is still pending. This petition can be used […]
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Submitting a Statement of Use
For trademarks filed based on intent to use, the applicant is required to submit a Statement of Use (SOU) within six months of receiving the Notice of Allowance from the USPTO. The filing fee for the SOU is $100. If the trademark has not yet been used in U.S. commerce, the applicant may request an […]
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Responding to Office Actions
The U.S. Patent and Trademark Office (USPTO) frequently issues Office Actions that may involve complex challenges such as a likelihood of confusion with prior trademarks or non-compliant specimens of use. These may also include more straightforward issues like improper descriptions of goods or services or formalities that do not meet the required standards. The most […]
When a business plans to enter the U.S. market, one of the first steps is to apply for a trademark in the United States, ideally at least a year in advance. This article provides a brief overview of the key considerations and procedures for U.S. trademark applications, while highlighting some important differences between the trademark […]
When submitting a trademark for federal registration in the United States, an applicant must specify their “filing basis.” There are below possible filing bases: Use in Commerce [Section 1(a)]Intent to Use [Section 1(b)]Foreign Registration [Section 44(e)]International Registration [Section 66(a)] Use in Commerce [Section 1(a)] Applications based on actual use require that the trademark has been […]