USPTO – Dunner Law PLLC — Your IP Anchor

Jun 08 | 2022

The USPTO Continues to Modernize its Practices

On May 24, 2022, the United States Patent and Trademark Office (USPTO) switched from issuing and mailing paper trademark registration certificates to emailing electronic copies. The digital transition is meant to streamline the trademark registration process for all involved, and…

Sep 12 | 2019

U.S. Patent and Trademark Office Adopts New Requirements for Foreign Trademark Applicants

Trademark applicants residing outside of the U.S. now need to use a U.S. attorney for all United States Patent and Trademark Office (USPTO) trademark filings and Trademark Trial and Appeal Board (TTAB) proceedings. Effective Aug. 3, 2019, the rule (previously…

Mar 14 | 2019

USPTO May Require Foreign Trademark Applicants To Utilize U.S. Counsel

In its ongoing efforts to ensure the integrity of the U.S. trademark register, encourage accuracy in applications and compliance with U.S. law, the U.S. Patent and Trademark Office (USPTO) issued a Notice of Proposed Rulemaking on February 15, 2019 which,…

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 31 | 2017

The Band Who Must Not Be Named: Can Racially Offensive Trademarks Be Federally Protected?

When Simon Tam filed a trademark application for his Portland-based rock ‘n’ roll band, THE SLANTS, little did he know that he would spark an epic trademark battle that would lead him all the way to the U.S. Supreme Court.…

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…

Dec 10 | 2014

USPTO: “Pre-sales” Not Enough to Show Use for Trademark Registration

In a recent update to the U.S. Patent and Trademark Office’s (“USPTO”) Trademark Manual of Examining Procedure (“TMEP”), the USPTO noted and clarified its position on whether “pre-sales” of goods or services constitute trademark use. The USPTO stated that a…