USPTO Office Actions
Can Two Businesses Use the Same Trademark in Different Industries?
By Sharon Adams |
If you are asking, "Can two businesses use the same trademark?" You are not alone. Many ...
Trademark Opposition: What Happens If Someone Opposes Your Trademark Application?
By Sharon Adams |
Receiving a Notice of Opposition after filing a trademark application can be unsettling. A trademark opposition ...
The Hidden Trademark Risks of Using AI Brand Name Generators
By Sharon Adams |
Artificial intelligence has transformed how businesses brainstorm brand names. AI brand name generators, including tools like ...
What Happens During a USPTO Trademark Examination?
By Sharon Adams |
Filing a federal trademark application is an important milestone, but it does not automatically result in ...
Do You Really Need a Common Law Trademark Search Before Filing? Why a Trademark Attorney Often Disagrees
By Sharon Adams |
Every week, more entrepreneurs, startups, and business owners are using artificial intelligence to prepare for meetings ...
Surname Trademark Refusal: Understanding Section 2(e)(4) and How to Overcome It
By Sharon Adams |
Surname trademark refusal is one of the most common reasons the USPTO refuses a trademark application ...
Section 2(c) Refusal: When Consent Is Required to Trademark the Name of a Living Individual
By Sharon Adams |
A Section 2(c) refusal is one of the most important trademark issues businesses and individuals may ...
Section 9 Trademark Renewal: How to Renew Your Trademark at the 10-Year Mark
By Sharon Adams |
A federally registered trademark can last indefinitely. Unlike patents, which expire after a fixed term regardless ...
Section 8 Declaration of Continued Use: What Every Trademark Owner Must File Between Years 5 and 6
By Sharon Adams |
Receiving a trademark registration from the USPTO is a significant legal milestone. It represents the culmination ...
Can You Trademark Person’s Name? What Business Owners Need to Know
By Sharon Adams |
Many business owners ask, “Can you trademark person’s name?” The answer is yes, but the process ...
Why Trademark Monitoring Services Matter After Registration
By Sharon Adams |
Many business owners believe that once they receive their trademark registration, their brand is fully protected. ...
What to Do After Receiving a USPTO Suspension Notice
By Sharon Adams |
Receiving a USPTO suspension notice can be alarming, especially if you do not fully understand what ...
How Many Trademark Searches Before Filing? A Practical Guide for Business Owners
By Sharon Adams |
“How many trademark searches do I really need before filing?” This question closely relates to how ...
Trademark Clearance Search Explained: Why One Search Is Often Not Enough
By Sharon Adams |
Many business owners assume that checking a name online or even doing a quick database lookup ...
Defensive Trademark Strategy in the AI Era: How Sensory Marks Are Redefining Brand Protection
By Sharon Adams |
A defensive trademark strategy is becoming essential as artificial intelligence transforms how brands are created, replicated, ...
Domain Name vs Trademark: What to Do If Your Brand Name Is Already Taken Online
By Sharon Adams |
In the contemporary business landscape, where digital presence is not merely an advantage but a fundamental ...
When Should a Startup File a Trademark? Timing It Right to Avoid Costly Mistakes
By Sharon Adams |
In the dynamic and competitive landscape of entrepreneurship, startups are often focused on product development, market ...
What Makes a Strong Trademark? A Guide to Fanciful, Arbitrary, and Suggestive Marks
By Sharon Adams |
A strong trademark is more than just a catchy name or logo. It is a legal ...
Office Action Panic: A Simple Guide to Respond Without Losing Your Trademark
By Sharon Adams |
Receiving an office action from the United States Patent and Trademark Office (USPTO) can be intimidating ...
Understanding the 45 Trademark Classes: A Complete Guide for Businesses
By Sharon Adams |
When it comes to trademark registration, understanding trademark classes is just as important as selecting a ...
Trademark Filing Mistakes That Can Get You Rejected and How to Avoid Them
By Sharon Adams |
Trademark filing mistakes are more common than many entrepreneurs realize, and they can lead to costly ...
Trademark or Bust: Why Delaying Brand Registration Could Cost You Thousands
By Sharon Adams |
When starting a business, choosing a brand name is exciting, but many entrepreneurs overlook the trademark ...
Can a Menu Item Be Trademarked?
By Sharon Adams |
Showing Trademark Use for Food Products vs Restaurant Services Restaurant owners often ask an important question ...
How Restaurants and Food Trucks Prove Trademark Use in Commerce: Acceptable Specimen Examples
By Sharon Adams |
For restaurant owners, proving trademark specimens for restaurants and proper trademark use in commerce may be ...
Trademark Specimens for Software: Class 009 vs Class 042 (Downloadable vs SaaS Explained)
By Sharon Adams |
Software companies frequently face trademark filing issues, not because their brand is weak, but because their ...
How to Show Trademark Use for Clothing Brands: Acceptable Specimen Examples
By Sharon Adams |
Launching a clothing brand is exciting, and filing a federal trademark application can feel like a ...
What Qualifies as Trademark Use in Commerce? Real Specimen Examples by Industry
By Sharon Adams |
Trademark registration in the United States does not protect ideas. It protects marks that are actually ...
USPTO Statement of Use (SOU): Requirements, Filing & What Happens After a Notice of Allowance
By Sharon Adams |
A trademark Statement of Use (SOU) is a filing required for a Section 1(b) Intent-to-Use trademark ...
Amendment to Allege Use (AAU): When and How to Prove Trademark Use
By Sharon Adams |
Filing a trademark application does not always mean a business is immediately ready to show use ...
Trademark Renewal Deadlines: What Happens at the 5–6 Year and 10-Year Marks
By Sharon Adams |
Trademark renewal deadlines are among the most commonly misunderstood aspects of trademark ownership. Many businesses lose ...
USPTO Trademark Renewal Audits: Triggers, Evidence, and Common Pitfalls
By Sharon Adams |
Trademark audits are becoming increasingly common. Many businesses first learn about audits when they receive an ...
Trademark Renewal for U.S. Businesses: Deadlines, Audits, and Use Requirements Explained
By Sharon Adams |
Many business owners believe that once a trademark is registered, it is protected forever. In reality, ...
When to Hire a San Francisco Bay Area Trademark Attorney Instead of Filing Online
By Sharon Adams |
Filing a trademark online may seem deceptively simple, but for many businesses, especially those operating in ...
California State vs Federal Trademark: Do You Need Both?
By Sharon Adams |
When protecting a brand, understanding California vs federal trademark registration is critical because the two systems ...
California Trademark Registration Cost, Filing Fee & Timeline
By Sharon Adams |
For a business considering state-level brand protection, one of the first practical questions is the California ...
Filing a Trademark Application in California vs. Federal USPTO Registration
By Sharon Adams |
A California trademark application allows an eligible trademark or service mark owner to seek registration with ...
Understanding the Lanham Act: What Every Trademark Owner Should Know
By Sharon Adams |
The Lanham Act, enacted in 1946 and codified as 15 U.S.C. §§1051 et seq., is the ...
Rebranding vs. Registration: Strategic Decisions After a Section 45 Refusal
By Sharon Adams |
Entrepreneurs often face difficult choices when the United States Patent and Trademark Office issues a Section ...
Lessons from High-Profile USPTO Refusals: What Every Entrepreneur Should Know
By Sharon Adams |
High-profile USPTO refusals offer valuable insights into why certain trademarks fail and how entrepreneurs can avoid ...
International Trademark Challenges: Why Failure-to-Function Issues Differ Abroad
By Sharon Adams |
When U.S.-based businesses consider expanding their brands internationally, it’s critical to understand that trademark standards differ ...
USPTO Office Action Refusal – Failure to Function as a Trademark
By Sharon Adams |
A growing number of trademark applicants are receiving US Patent & Trademark Office (USPTO) Office Actions ...
USPTO Office Action Section 2(d) Refusal—Likelihood of Confusion—Relatedness of Goods and Services
By Sharon Adams |
One of the main reasons the USPTO refuses trademark applications is the likelihood of confusion between ...
USPTO Office Action Section 2(d) Refusal—Likelihood of Confusion: Similarity Between Trademarks
By Sharon Adams |
One of the most common reasons the United States Patent and Trademark Office (USPTO) refuses a ...
The Hidden Costs of Online Trademark Filing Platforms: Why Having an Attorney of Record Matters
By Sharon Adams |
In today’s digital world, online trademark filing platforms promise fast, affordable trademark registrations with just a ...
Letter of Protest (LOP): Stop a Conflicting Trademark Before It Is Published
By Sharon Adams |
When protecting your brand, timing matters. One of the most effective yet often overlooked ways to ...
Principal vs. Supplemental Register: Understanding the Two Paths to Trademark Protection
By Sharon Adams |
When filing a trademark application with the United States Patent and Trademark Office (USPTO), applicants often ...
™ vs. ℠ vs. ®: A Practical Guide to Symbols and Standard Placement Practices
By Sharon Adams |
Understanding trademark symbols is essential for entrepreneurs, business owners, and brand managers. While these symbols may ...
From Application to Approval: How a Trademark Filing Guides the Process
By Sharon Adams |
Securing a trademark is one of the most important steps in protecting your business’s identity, reputation, ...
Why Hiring a Trademark Filing an Attorney Can Save You Time, Money, and Stress
By Sharon Adams |
Filing a trademark might seem as simple as filling out an online form with the USPTO, ...
Statement of Use Mistakes: Specimen, Deadline & Filing Errors to Avoid
By Sharon Adams |
Statement of Use mistakes can create unusually serious problems in an Intent-to-Use trademark application because many ...
What Is a USPTO Statement of Use, and Why Is It Critical for Your Trademark Application?
By Sharon Adams |
When it comes to securing legal protection for your brand, understanding the requirements of the United ...
Got a Trademark Renewal Notice Scam by Email or Mail? Do Not Fall for These Common Scams
By Sharon Adams |
If you own a registered trademark, you are likely very proud of the brand protection you ...
Trademark vs. Business Name: What Every Entrepreneur Should Know
By Sharon Adams |
Starting a business is exciting. You come up with a unique name, register it with the ...
When Does Your Trademark Expire? Understanding the Trademark 5-Year Rule
By Sharon Adams |
A common misconception among business owners is that once a trademark is registered, it lasts forever ...
Can I Trademark Clothing Line? A Guide for Fashion & Apparel Brands
By Sharon Adams |
Starting a clothing line is exciting, whether you are launching a streetwear label, a boutique apparel ...
Amazon Brand Registry 2025: How the Brand Name Generator and Trademarks Protect Your Business
By Sharon Adams |
Launching a business on Amazon has never been more exciting—or more competitive. With millions of sellers ...
USPTO Refusal Mistakes: What to Avoid Before Filing a Trademark
By Sharon Adams |
When filing for a trademark with the United States Patent and Trademark Office (USPTO), even a ...
Use in Commerce: What It Really Means
By Sharon Adams |
Filing a trademark requires more than just having a clever name or a great logo. One ...
Understanding the 45 Trademark Classes
By Sharon Adams |
When you are applying for a trademark, you will come across one of the most critical ...
Just Registered Your Business Name? Why You Might Still Need a Trademark
By Sharon Adams |
So, you have registered your business name with the state. You might think you are fully ...
What Makes a Strong Trademark? A Guide to Fanciful, Arbitrary, and Suggestive Marks
By Sharon Adams |
When you are building a brand, a strong trademark is one of the most valuable legal ...
Trademark Filing Mistakes That Can Get You Rejected (and How to Avoid Them)
By Sharon Adams |
Filing a trademark with the United States Patent and Trademark Office (USPTO) can seem straightforward, but ...
How to Do a Trademark Search Before You Apply
By Sharon Adams |
Thinking about trademarking your brand? Start here. Before you invest time and money into your application, ...
The Complete Guide to Trademarking Your Brand: From Idea to Registration
By Sharon Adams |
Thinking about trademarking your brand to protect your business identity? Whether you are an Amazon seller, ...
Office Action Panic? A Simple Guide to Respond Without Losing Your Trademark
By Sharon Adams |
You have filed your trademark application, feeling excited and confident, only to receive an intimidating letter ...
Trademark or Bust: Why Delaying Brand Registration Could Cost You Thousands
By Sharon Adams |
Your brand is more than just a logo or a catchy name; it’s your business’s reputation, ...
Distinctive Trademarks For Online Protection and Visibility
By Sharon Adams |
Understanding Trademark Distinctiveness: Why Some Marks Are Stronger Than Others When it comes to protecting your ...
USPTO Fees Will Increase on Jan 18, 2025
By Sharon Adams |
The USPTO fee increase approved by the United States Patent & Trademark Office will take effect ...
Incontestable Trademarks and Section 15 Protection
By Sharon Adams |
After five years, a trademark registered with the USPTO must be renewed by filing a Section ...
Trademark Brand Book: Trademark Considerations When Creating a Brand Book
By Sharon Adams |
A brand book comes with several layouts and color themes. However, trademarks are specific to one ...
USPTO Statement of Use Deadline & Extensions: When to File an “Insurance” Extension
By Sharon Adams |
A USPTO Statement of Use extension can be critical when an Intent-to-Use trademark applicant is not ...
Identity Verification for Trademark Filings with USPTO
By Sharon Adams |
Click here for video of what is written below. The U.S. Patent & Trademark Office recently ...
Copyright Trolls Update
By Sharon Adams |
A previous article discussed how Getty Images, Inc. and other image licensing companies routinely send out ...
Design Patent for Consumer Products
By Sharon Adams |
In today’s competitive marketplace a successful business product will likely draw competition, and competitors may try ...
Trademark Basics
By Sharon Adams |
Trademarks are an important business asset. Trademarks have different aspects. A trademark can function as a ...
CA Social Purpose Corporations – Annual Shareholder Report
By Sharon Adams |
A California Social Purpose Corporation is formed pursuant to Corporations Code sections 2500 et seq. Social Purpose Corporations are ...
Patent Claim Drafting – Use of “OR”
By Sharon Adams |
It is surprising to read a Federal Circuit case on patent claim construction, delving deeply into ...
Bloggers Beware – Copyright Trolls on the Prowl
By Sharon Adams |
Certain large companies, including Getty Images, routinely send out demand letters claiming copyright infringement based on ...
Social Purpose Corporation – May Consider Public Benefit In Addition to Maximizing Profit
By Sharon Adams |
Since 2012, California has created two new corporate structures: (1) the social purpose corporation; and (2) ...
Apple, Inc. and What a Company can do with $231.5 Billion Cash-on-Hand
By Sharon Adams |
People often ask about the extent of patent and trademark applications needed to protect the intellectual property ...
Tips to Selecting Proper Trademark Classification in Trademark Application
By Sharon Adams |
Every trademark application filed with the United States Patent& Trademark Office (PTO) must identify the goods ...
Damages for Infringement of Design Patents – Supreme Court Clarifies Rules in Apple v. Samsung
By Sharon Adams |
Apple Inc. is known for the number of patents it owns. Apple doesn’t just own patents, it ...
Design Patents – Year in Review
By Sharon Adams |
Companies continue to see the value of design patents. Nike, Inc. is ranked 5th in the ...
Trademark Applicants – Beware of Scams After Filing TM App
By Sharon Adams |
A trademark application filed with the U.S. Patent & Trademark Office contains required information about the ...
Post America Invents Act — Inside the “On-Sale Bar” of 35 USC §102
By Sharon Adams |
The Constitutional right to obtain a patent is subject to certain limitations, including that an inventor ...
What’s In a Name? Unicorn Latte v. Unicorn Frappuccino
By Sharon Adams |
A rose by any other name is still a rose, but what about a Unicorn Latte? ...
So You Have A Phone App That You Want to Patent — Or Subject Matter Patentability
By Sharon Adams |
Subject matter patentability defines what types of inventions may receive patent protection, and favors physical objects. ...
Federally Registered Trademark Protects Brand Names
By Sharon Adams |
Many entrepreneurs and small businesses start their business by offering goods or services on the internet ...
Cannabis Trademarks In California
By Sharon Adams |
California voters approved Proposition 64, legalizing recreational marijuana use, subject to certain restrictions. It is now ...
Someone Is Using Your Brand Name! What Can Be Done?
By Sharon Adams |
Emerging businesses generally take a close look at expenditures, and may view trademark registration as a ...
Ten Million (10,000,000) Patents
By Sharon Adams |
The U.S. Patent & Trademark Office (PTO) anticipates that utility patent number 10,000,000 will issue sometime ...
DESIGN PATENTS — The IP Solution for Many Small Businesses
By Sharon Adams |
By: Sharon Adams May 2014 The U. S. Patent and Trademark Office (USPTO) commemorated the issuance ...
Patent a Recipe?
By Sharon Adams |
Recently there have been many inquires about patenting a recipe. Many of these inquires are related ...
Good News for Yoga Practitioners and Speech Advocates — Bikram not entitled to copyright his Sequence
By Sharon Adams |
On October 8, the Ninth Circuit Court of Appeals in California affirmed a previous ruling by a federal ...
Nikola vs. Tesla – Design Patent Litigation – What Would Nikola Tesla Think?
By Sharon Adams |
Design patents can be an effective method of protecting the look of a product or brand. ...
Copyright Protection May Be Available for Professional Engineering Plans
By Sharon Adams |
Professional engineers (PEs) often work as consultants, rather than employees. If a PE is an employee, ...
Trademark Specimen of Use — Is “TM” or ® OK to use in a specimen of use?
By Sharon Adams |
It is the policy of the  U.S. Patent & Trademark Office (PTO) that trademarks may not be warehoused, ...
For Profit Corporation Means Just That — Maximizing Profits to Shareholders is Essential
By Sharon Adams |
Corporate law requires corporations to maximize profits to shareholders.  This absolute requirement may expose corporate leadership ...
Trademark Marijuana Products?
By Sharon Adams |
Products that are used to smoke marijuana received U.S. federal trademark registration in November 2018. Yet ...
It’s a Fine Line Between Hate and Love – U.S. Supreme Court on Trademarks
By Sharon Adams |
FIRST AMENDMENT PROTECTS DISPARAGING TRADEMARKS A few years back a rock band tried to trademark its ...
First Amendment Protects Trademarks That Inspire Fear
By Sharon Adams |
Mongols Nation Motorcycle Club Keeps Its Trademark The First Amendment may not come to mind when ...
Scandalous Words Can Be A Registered Trademark
By Sharon Adams |
Three In a Row for First Amendment Protection of Trademarks Trademark law prohibits registration of a scandalous or ...
Trademark Registration — Principal Register and Supplemental Register Compared
By Sharon Adams |
It often happens that a business chooses a descriptive trademark for its brand name or products. ...
Registered Trademark Needed for Benefits of Amazon Brand Registry
By Sharon Adams |
Rush to Register Trademarks Is On! More and more independent merchants are opening businesses and using ...
Bloomberg Uses NDAs – When Should A Business Have an NDA
By Sharon Adams |
Presidential candidate Michael Bloomberg was challenged over his use of Non-Disclosure Agreements (NDAs) with women from ...
Showing Use of Trademark For Clothing
By Sharon Adams |
Every trademark application filed with the United States Patent & Trademark Office (USPTO) must show use ...
Trademark a Slogan?
By Sharon Adams |
Businesses often want to trademark a phrase or slogan that is commonly used in their business. ...