August 1st, 2024

How many Trademarks Have Been Filed with the USPTO?

Hello Reader,

In this Issue:

Can you guess how many Trademarks were filed with the USPTO from January 1870 to February 2023?
USPTO considered shortening the response deadline for Post Registration Office Actions.
Concluding thoughts on James Clear's Atomic Habits

Can you Guess how many Trademarks were filed from January 1870 to February 2023?

Post Trademark Registration Response Deadlines will NOT be Shortened to 3 Months.

Since the Trademark Modernization Act implementation, the USPTO shortened the response time for Office Actions from 6 months to 3 months. USPTO had debated on whether to do that for Post Registration Office Actions as well, but has concluded that there would be too much confusion and withdrew that Withdrawal of Changes to Post Registration Response Deadlines

BUSINESS TIPS AND TRICKS

We finished! Concluding Thoughts and Comments.

Transcript:
Congratulations! You finished the book! I hope you had a great time. I hope you enjoy this. Honestly, if I didn't do this, if I didn't tell the public I was going to do this every week, I don't think I would have finished reading it myself, but I'm so glad I did. James Clear goes much further than just habits.

What he's trying to do is help you become and create the person you want to be. He gives you the tools of how you can actually be the person. That you want to be, be the person that you aspire to be and be the person that you're proud to be. Just taking these small steps over an extended period of time and applying them continuously, you actually create a better life for yourself because you become a better person for yourself.

So thank you James Clear. This was a fantastic couple of weeks of reading your material. This has been a fun journey. I hope you enjoyed it as well. Thanks, and hope to see you soon. Bye bye.

If you would like to follow along with the series, here is our Atomic Habits by James Clear playlist:

Thank you for being a part of our community, and we look forward to helping you safeguard your brand's identity and thrive in the world of trademarks!

Warm regards,
J.J. Lee and the Trademark Lawyer Law Firm Team!

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Categories:

What are Trademark Application Suspensions?

Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.

What are Disclaimers for Trademarks?

A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights. A good example of this is disclaiming “café” if your services are for a café.

What is the Supplemental Registry?

If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry. In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.

What is the Date of First Use?

Two dates must be specified in a trademark application: Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade. Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.

What is the Renewal Timeframe for a Trademark?

The renewal timeframe for a trademark is between the 9^th and 10^th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.