If you’re applying for trademark protection you need to take the application process seriously. There are many reasons the United States Patent and Trademark Office (USPTO) can use to reject your application. As Arizona trademark lawyers, we’ve seen trademark applications that get rejected for all kinds of reasons, but there are three reasons the USPTO seems to use more than others.
You Aren’t Using the Mark
In order for a trademark application to be approved, the mark must be in use and you have to prove that you’ve been using the mark in commerce across state lines. If the mark has only been used on a sign in your lobby, your application will most likely be rejected.
Someone Else Already Registered the Mark
This might seem obvious, but you can’t register a trademark that someone else already has. In fact, your application can be rejected for being too similar to another mark. The term to watch out for here is “confusingly similar.” Basically, if your mark might confuse a reasonable consumer into thinking they were buying a different brand, your trademark application will be rejected.
The Mark is Descriptive
The purpose of a trademark is to distinguish your company and/or products from another company, not to simply describe the product. For example, a company that makes pencils can’t trademark “pencil.” This rule is intended to prevent companies from trademarking things that would make it hard for industry competitors to describe their products without committing trademark infringement.
If your trademark application has been rejected for one of these reasons, or any other reason, call the Arizona trademark lawyers at Parsons & Goltry.
"Our company has worked with a number of patent attorneys and were so pleased when we began working with Parsons & Goltry nearly a decade ago. Mike Goltry's knowledge and attention to detail has enabled us to have numerous products patented and trademarks registered. We highly recommend this Law Firm."
"Michael Goltry is the most professional, honest and effective patent attorney whom I ever met in my 40 year professional engineering career. I started to work with him over 20 years ago and plan to work indefinitely."
"Mr. Goltry took a provisional patent that we'd filed ourselves, and quickly and professionally turned our innovation into U.S. and foreign applications. His [patent claims] were a thing of beauty, and I was amazed by how deftly he countered the inevitable office actions. His language held up, and the U.S. Patent just issued. He was easy and efficient to work with, and his fees were remarkably reasonable. We're not planning to go anywhere else, ever."
"I applied for a patent through Parsons & Goltry. After being on the docket for 2 years at the USPTO, I received notification that my patent request had been denied. Michael Goltry contacted me immediately to review my options. After I informed him of my decision to move forward, he filed a response to the USPTO. In his response he got the examiner to fully understand the claims in the patent application and the "denied" decision was reversed. I was able to secure and receive a "patent granted" decision. Thank you, Michael Goltry."
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