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August 2, 2024
Overcoming a Failure to Function Refusal from the USPTO

What Is a Failure to Function as a Trademark Refusal?

What is a failure to function as a trademark refusal? Failure to function is one of several reasons the United States Patent and Trademark Office (USPTO) may deny your trademark proposal. It’s important to know what qualities may result in your trademark being ineligible for registration. The less likely your trademark is to be rejected by USPTO, the sooner you can reap the benefits and begin building your business branding. Working with a qualified trademark […]
August 1, 2024
Overcoming a Failure to Function Refusal from the USPTO

Can You Use a Trademark That Has Been Rejected By the USPTO?

The USPTO, or United States Patent and Trademark Office, is an agency within the U.S. Department of Commerce. The agency handles matters related to intellectual property and functions as the national authority able to grant patents and register trademarks. Can you use a trademark that has been rejected by the USPTO? The short answer is yes, but it depends on why it was rejected. Using a rejected trademark has the potential to put you at […]
July 9, 2024

How Long Does It Take to Respond to a USPTO Office Action?

After submitting your trademark application to the United States Patent and Trademark Office, you will wait with anticipation, hoping that it will be approved. However, you may receive a letter of refusal or an office action instead, indicating that there are legal problems with your application or trademark. This delay in building your brand may be frustrating and leave you wondering, “How long does it take to respond to a USPTO office action?” Four Reasons […]
July 8, 2024
Overcoming a Failure to Function Refusal from the USPTO

Overcoming a Failure to Function Refusal From the USPTO

Forming a brand is an important step in building a business or connecting with others in an organized way. From nonprofits to corporations, trademarks are an important part of creating that brand identity. These logos and phrases become not only a visual representation of who you are but how others will build trust around you. Unfortunately, not all trademarks are approved. This could leave you wondering, “What would cause a refusal or office action by […]
June 19, 2024
Overcoming a Failure to Function Refusal from the USPTO

Overcoming a Failure to Function Refusal From the USPTO

Obtaining a trademark for your brand is a way to build a reputation and recognition. However, applying for a trademark can be a complicated process and there are a multitude of reasons that your trademark could be denied. Failure to function refusals from the United States Patent and Trademark Office (USPTO) can be among the most frustrating. If your application is denied, there are a number of ways of overcoming a failure to function refusal […]
June 18, 2024
Overcoming a Surname Refusal from the USPTO

Overcoming a Surname Refusal From the USPTO

Registering a trademark can protect your intellectual property. While you may want your company to bear your personal moniker, complications could arise if your business entity is considered a surname. The US Patent and Trademark Office (USPTO) doesn’t always grant trademark protections in these instances. Overcoming a surname refusal from the USPTO is not impossible when you are empowered with the knowledge to do so. Refusal on the Basis of Surname Identifying a product, business, […]
May 19, 2024
Overcoming a Descriptiveness Refusal from the USPTO

Overcoming a Descriptiveness Refusal From the USPTO

It’s always wise to register a trademark for your business. It’s an advisable move that can help establish your brand’s place within the industry or as a trusted, premier provider of a specific product or service in a niche marketplace. It also provides crucial protection. However, in the event your trademark application is rejected, you may need to find a way of overcoming a descriptiveness refusal from the USPTO. Trademark law offers protection to business […]
May 18, 2024
Overcoming a Likelihood of Confusion Refusal from the USPTO

Overcoming a Likelihood of Confusion Refusal From the USPTO

If your proposed trademark could be argued as closely resembling an already established mark, you’ll probably need an effective way of overcoming a likelihood of confusion refusal from the USPTO. What Is a Likelihood of Confusion? A “likelihood of confusion” refusal is a type of office action, particularly one of the variations of a refusal letter, sent by the United States Patent and Trademark Office (USPTO); an office action is an official letter sent to […]
April 16, 2024
How hard is it to overcome an Office Action refusal from the USPTO

How Hard Is It to Overcome an Office Action Refusal From the USPTO?

Having intellectual property that you want protected can be an exciting feeling. However, navigating the trademark and patent application process can be complex, presenting its own set of unique challenges. One common hurdle that applicants encounter is receiving an Office Action refusal from the United States Patent and Trademark Office (USPTO). If you’ve received this document, you may be asking yourself how hard is it to overcome an Office Action refusal from the USPTO? What […]