A trademark coexistence agreement is an agreement between two parties about their respective use of the same or similar trademarks. They generally allow two trademark owners to use identical or similar marks, usually in a manner designed to avoid consumer…
Earlier this year, Crumbl Cookies sued two competitors. Crumbl started in Logan, Utah, not far from where I happen to be writing this today in Bountiful, Utah. Crumbl sells large ornate cookies in pink boxes and has a menu that…
Trademarks are assets of a company. Just like any other asset, they can be bought and sold. However, unlike other assets, trademarks cannot generally be sold by themselves. In other words, a trademark must be sold with something else, something…
The Trademark Office will soon start issuing electronic trademark registration certificates instead of paper ones. The Trademark Office has for years created an electronic registration certificate and mailed a paper version, which has a decorative stamp and ribbon. After June…
Trademark applications are examined after they are filed. This is part of the trademark prosecution process, and it sometimes results in an initial refusal, or “office action.” Office actions are simply official letters from the Trademark Office. The Trademark Office…
On January 8, 2022, the United States Patent and Trademark Office will introduce “identity verification” for registered USPTO.gov users. Before 2019, “anyone” could file a trademark application, so long as they knew how to submit trademark correspondence through mail, fax,…
A trademark can sometimes be rejected if it is ornamental. This most frequently occurs when the goods are clothing, as I have written before. If your mark is rejected on this basis, there are few escape paths. Secondary source may…
Student athletes will now be allowed to profit from their performance and influence. Until this year, the NCAA prohibited college students from making money for playing sports. However, this month, Florida began allowing students to benefit financially from their performance…
Trademarks are fundamentally about preventing confusion regarding the source of a product or service. Consumers who encounter two similar trademarks in the marketplace might mistakenly believe that the products come from the same source. This can allow one company to…
The US Patent and Trademark Office processes trademark applications in the order in which they are received. Before 2020, that led to wait time of about 3 months before an application would be substantively reviewed by a trademark Examiner. This…