Jan 16 | 2019

Disclaimer Or No Disclaimer: That Is The Question

General Principles: When a trademark – in relation to the goods and services tendered in an application – comprises descriptive, generic or otherwise unregistrable matter, the United Patent and Trademark Office (“PTO”) is apt to request a disclaimer.  While typically…
Nov 27 | 2018

Dunner Law Trademarks 101: What is a Trademark?

Trademarks can be a variety of things, such as words, names, phrases, symbols or designs, and even sounds. Trademarks have a dual purpose, helping businesses distinguish their products in the market, and in turn, helping consumers identify the source and…
Sep 14 | 2018

Power-Up Your Mark: Depiction, Marking and Consistency

Given competing demands, consumers must immediately recognize and perceive a trademark. Selecting and clearing a trademark are crucial, but neither guarantees consumer recognition nor perception. Standards for depicting, marking and using a trademark are therefore important. The strength of a…
Jan 27 | 2017

USPTO to Increase Scrutiny of Trademark Registrations

The U.S. Patent and Trademark Office (“USPTO”) has adopted a rule change that will impact owners of federal trademark registrations. Effective February 17, 2017, the USPTO will begin randomly auditing Declarations of Continued Use that trademark owners must periodically file…
May 28 | 2015

Top Trademark Filing Tips for Foreign Applicants

The United States Patent and Trademark Office (“PTO”) is an obvious forum for foreign trademark owners looking to protect their trademarks. There are, however, many key differences between the legal and procedural landscapes for trademarks in the U.S. and foreign…