The Legal 

A legal blog for entrepreneurs, brands, creators, and small businesses.  

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If you receive a 2(e) refusal, there are a number of ways that you can try to overcome it and get your mark approved for registration. You can demonstrate that your mark has acquired a secondary meaning, that it has been used in the marketplace for over 5 years so consumers recognize it in connection […]

Trademark

4/25/2022

What Happens When You Get a 2(e) Refusal?

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After you file your trademark application and an examining attorney reviews your application, you will receive a correspondence called an office action. This is a document from the trademark office that states whether your application has been approved or denied for registration. If your application is denied, the office action explains why that happened and […]

Trademark

4/18/2022

What is a 2(e) Merely Descriptive Refusal?

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A generic trademark goes a step further than one that is deemed merely descriptive. While merely descriptive describes the product or service, a generic trademark states exactly what the product is. For example, if your products are laptops and you were to file a trademark application for “laptop” that would be considered generic.  This, of […]

Trademark

4/11/2022

What is a Generic Trademark?

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As you may already know, when you choose a trademark you have to make sure that the mark is strong enough to qualify for legal protection. This means that when it’s used in association with your product or service, consumers must recognize that it belongs to you. You cannot choose words such as “blue laptops” […]

Trademark

4/04/2022

What Makes a Trademark Merely Descriptive? 

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Each new year brings a wave of new trends and interests to every field, but this year we’re looking at smoother processes, faster application review times, and the expansion of trademark law to keep up with new technology.  So, what can you expect from Trademark law in 2022? Keep reading to find out:  NFTs As […]

Trademark

3/28/2022

2022 Trademark Trends Part 3: NFTs

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Each new year brings a wave of new trends and interests to every field, but this year we’re looking at smoother processes, faster application review times, and the expansion of trademark law to keep up with new technology.  So, what can you expect from Trademark law in 2022? Keep reading to find out:  Changes to […]

Trademark

3/21/2022

2022 Trademark Trends Part 2: Changes to USPTO Office Action Response Time

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Each new year brings a wave of new trends and interests to every field, but this year we’re looking at smoother processes, faster application review times, and the expansion of trademark law to keep up with new technology.  So, what can you expect from Trademark law in 2022? Keep reading to find out:  Reexaminations and […]

Trademark

3/14/2022

2022 Trademark Trends Part 1: Reexaminations and Expungement

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Want to file a trademark to protect your brand but aren’t sure where to start?  The good news is you have options when it comes to what avenue you want to take when filing your trademark.  Do you want to do the entire thing yourself?  Do you want to hire an online document filing service, […]

Trademark

8/17/2021

How Much Does Filing a Trademark Really Cost?

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You’ve done your research on how to trademark for your business, what where should you start? As you embark on your trademark journey, you’ll find very helpful information on the steps necessary to trademark, but where should you begin? Knowing what you can trademark may not be helpful if you don’t know what you should […]

Trademark

7/20/2021

Where to Start with Trademarking

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Registering a trademark has always been an important part of any long term business plan, but now more than ever it is so important to register your trademark.  With more and more people starting businesses (hello worldwide pandemic!) now it is more crucial than ever to make sure you are working towards securing your brand. […]

Trademark

1/18/2021

Why Registering Your Trademark is More Important Now Than Ever Before!

Trademark
Checklist

A checklist to help you determine whether it’s time for a trademark in your business.

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