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Trademarks › Trademark Registration › United States Patent and Trademark Office

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
McDermott Will & Schulte

When is a word too common to trademark? Asking for a four-letter friend

McDermott Will & Schulte on

In response to artist and entrepreneur Erik Brunetti’s ongoing efforts to register FUCK as a trademark for various goods and services, the US Court of Appeals for the Federal Circuit vacated the Trademark Trial & Appeal...more

Foster Swift Collins & Smith

IP Monday: Choosing a Trademark That Won’t Get Rejected

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Picking a new business name? A trademark is more than just a logo — it’s your brand identity. If you invest in a weak or unregistrable name, the United States Patent and Trademark Office (USPTO) may refuse registration. That...more

Bradley Arant Boult Cummings LLP

Earmuffs, Kids: The Federal Circuit Delivers the F-bomb Right Back to the TTAB

Bradley Arant Boult Cummings LLP on

The Federal Circuit’s recent precedential decision in In re Erik Brunetti has surely raised some eyebrows in the trademark community (and beyond), not just for its subject matter (the attempted registration of a certain...more

International Lawyers Network

Can a Difference in Punctuation between a Trademark in a Drawing and Specimen of Use be Allowed for Registration?

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Suppose you want to register a trademark that identifies a source of goods/services for your business. What if the trademark on the specimen of use has punctuation that is different from the drawing of the trademark in the...more

Weintraub Tobin

(Podcast) The Briefing - The Doctrine of Foreign Equivalents: What It Means for Your Brand

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You came up with a clever brand name in a foreign language—great! But did you know it might be refused by the USPTO? In this episode of The Briefing, Scott Hervey and Richard Buckley break down what a doctrine is, how...more

Jaburg Wilk

International Trademark Protection: How to Safeguard Your Brand Globally

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U.S. trademark rights stop at the border. If your business operates internationally or plans to expand abroad, you need to understand how to protect your trademark rights beyond the United States. Unlike the U.S., many...more

DarrowEverett LLP

Trademark Rights Explained: Common Law vs. Federal Registration

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Whether a business is launching a new product or rebranding an existing company, selecting a name, logo, or slogan is a crucial decision. Trademarks are powerful tools that identify the source of goods or services and protect...more

Mayer Brown

Key Court Decisions: Functional and Generic Trademarks

Mayer Brown on

In this episode of The Upper Brand, Richard Assmus, Kristine Young, and Christa Cole delve into key court cases that have shaped trademark law. They explore the intricacies of functional and generic trademarks, with insights...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: USPTO Doubles Down on Trademark Security – Is Your Email Current?

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As part of its ongoing effort to stop scammers from third-party trademark applications and registrations, the USPTO has enhanced security of the Change Address or Representation (CAR) forms by adding authorization...more

Cranfill Sumner LLP

The Strategic Value of Trademark Search Before Brand Adoption and USPTO Application

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In the competitive landscape of branding and intellectual property, conducting a trademark search before adopting a brand name or filing a trademark application is not just best practice—it’s strategically necessary. This...more

Fitch, Even, Tabin & Flannery LLP

The Federal Circuit takes on Kisses, Sunlight, and Soft Drinks

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An application for a US trademark may be rejected if it is likely, when used on or in connection with the goods of the applicant, to cause confusion with another registered mark. On July 23, in Sunkist Growers, Inc. v....more

Roetzel & Andress

Trademark First: The Gateway to Amazon Brand Registry

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Amazon is the biggest third-party online marketplace in the United States and a go-to platform for numerous businesses. However, to get the most out of selling on Amazon, it is essential to join the Amazon Brand Registry....more

Jaburg Wilk

The Trademark Registration Process: Step-by-Step Guide

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Registering a trademark with the U.S. Patent and Trademark Office (USPTO) provides significant legal benefits, including nationwide protection and the presumption of ownership. Federal registration is a smart investment for...more

Jaburg Wilk

What Is a Trademark? Understanding the Basics

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A trademark is a word, phrase, symbol, or design—or a combination of these—that identifies and distinguishes the source of goods or services of one party from those of others. Essentially, a trademark is your brand’s identity...more

International Lawyers Network

Can Non-English Language Trademarks Be Refused Registration Based on the Foreign Equivalents Doctrine?

International Lawyers Network on

Suppose that you want to register your trademark that is in a non-English language on goods or services for your business in the United States. Will your non-English language trademark need to be translated to English to...more

Knobbe Martens

The Federal Circuit Grounds US SPACE FORCE Trademark Application

Knobbe Martens on

IN RE THOMAS D. FOSTER, APC, - Before Moore, Prost, and Stoll. Appeal from the United States Patent and Trademark Office. Section 2(a) of the Lanham Act bars registration of a pending application for a mark that falsely...more

Baker Donelson

Trademark Trouble: When the F-Word Fails to Function

Baker Donelson on

Recent Supreme Court decisions underscore how viewpoint-based refusals of trademark applications are unconstitutional. But can these viewpoint-based refusals survive under the "failure-to-function" doctrine instead?...more

Fish & Richardson

Green Glove Trademark Application Gets Red Light From Federal Circuit

Fish & Richardson on

In a precedential decision, the U.S. Court of Appeals for the Federal Circuit recently blessed the test used by the U.S. Trademark Trial and Appeal Board (TTAB) for denying registration to PT Medisafe Technologies for a...more

Troutman Pepper Locke

Why Should I Register My Trademark?

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You have a brand—a trademark—for your business. Perhaps it is a word, phrase, symbol, design, or a combination of these that identifies and distinguishes the source of goods or services. At its heart, trademark law is...more

Troutman Pepper Locke

Beware of Scam Notices Targeting Trademark Applicants

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Scam notices are being sent to those who have filed trademark applications with the U.S. Patent and Trademark Office (USPTO) or already own a registered mark. The notices are designed to exploit publicly available...more

Seyfarth Shaw LLP

Reading the Tea Leaves: How Trademark Applications Show WNBA and NWSL Expansion Plans and Complications

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Keen sports observers sometimes use trademark applications to try to identify the names and locations of potential expansion teams that may be coming to sports leagues. Recent trademark applications by the WNBA and National...more

Farella Braun + Martel LLP

New TTAB Precedent Prohibits Incorporation By Reference

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In a precedential decision issued June 6, 2025, the Trademark Trial and Appeal Board (TTAB) confirmed what has long been suggested in its procedural manual: Appellants in ex parte appeals may not incorporate arguments from...more

Fitch, Even, Tabin & Flannery LLP

USPTO Adopts Partial Trademark Replacement Rule to Align with Madrid Protocol

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Effective July 2, 2025, the USPTO will accept requests for both full and partial replacement of earlier national trademark registrations with international registrations. Previously, the USPTO only permitted trademark holders...more

Lowndes

Trademark Scam Emails: Why You Shouldn’t Panic

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A trademark scam is making the rounds targeting business owners through emails from varying businesses marketing trademark legal services. These emails falsely claim that another party is planning to register the recipient’s...more

Womble Bond Dickinson

Update for International Trademark Holders: US Incorporates Madrid Protocol Amendment

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How can trademark owners transition from a national or regional registration to an international registration in a designated territory without prejudice or loss of priority dates? The principle of “replacement” allows a...more

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