United States Trademark Search

In the United States, while the Nice Classification System is employed for categorizing trademarks based on class numbers, the U.S. adopts its unique system for specifying goods and services within each class. This American approach requires a more detailed description of the items. Unlike the broader categories of the Nice Classification, the U.S. system necessitates breaking down general terms into specific items. For instance, a generic term like "clothing" must be specified into distinct categories such as "shirts, pants, skirts, etc." When conducting a Comprehensive Study in the U.S., our attorney will guide you in selecting the most appropriate and detailed description for your goods or services, ensuring it aligns with the requirements for trademark registration requests in the U.S.

Your business name is a valuable asset to both you and your company. Successfully registering your trademark is just the beginning; it's essential to actively defend it against legitimate competitors, counterfeiters, and unfair business practices that may infringe upon your property rights. The United States Patent and Trademark Office (USPTO) publishes a biweekly list of newly approved trademark applications for public scrutiny. Remember, a trademark does not enforce itself. Part of owning a commercial mark involves vigilant protection.

Every two weeks, members of the public and business owners in your industry have the opportunity to file oppositions against approved trademarks. Utilizing professional services can be advantageous, as they possess the resources and expertise to monitor this ongoing influx of information and assist in safeguarding your mark in a dynamic business environment.

If another trademark owner believes your mark infringes upon their exclusive rights, they may oppose your application during this period by filing a claim with the Trademark Trial and Appeal Board. It's crucial to actively defend your brand and the trademark that represents your ownership.

Additionally, during the examination process for trademark registration, the Trademark Office evaluates your mark against existing trademarks. If your mark closely resembles others already in the market, your application may face rejection. This step ensures the uniqueness and distinctiveness of each registered trademark.

When your trademark application is reviewed and approved by a United States Patent and Trademark Office (USPTO) examining attorney, it is then published in the Official Gazette, available online, for public viewing. This publication initiates a critical 30-day window during which any party can file an opposition to the registration of your mark.

As the applicant, you are allotted 30 days to respond to a Notice of Opposition. In responding to the claims of the opposer, the Trademark Trial and Appeal Board (TTAB) will organize a legal proceeding akin to a mini-trial to adjudicate the dispute.

It is advisable to engage a professional trademark service or a trademark attorney. These professionals are equipped to develop a robust legal defense, accurately file necessary court documents, and respond effectively to any court motions. It is important to note that the TTAB adheres to strict legal protocols and deadlines for responses to a Notice of Opposition.

Failure to respond to a Notice of Opposition will result in the USPTO issuing a Notice of Default, leading the TTAB to likely rule in favor of the opposer. Such a ruling precludes you from future applications for the trademark in question. However, there is a possibility, albeit limited, to file a motion to overturn a default judgment.

Once the examination period of a trademark application is completed, a US Patent and Trademark Office (USPTO) examining attorney publishes the mark in the USPTO’s online Official Gazette. This action commences a 30-day period wherein the public can file oppositions against the trademark registration. If you have a personal or business interest and can demonstrate that the proposed trademark will adversely affect you or infringe upon your existing mark or property rights, you have the opportunity to halt the registration process. This opposition mechanism is crucial in ensuring that commercial marks are genuine, distinctive, and reduce consumer confusion in brand selection.

Opposition to a trademark application can be filed for various reasons, including:

• The mark being generic and not distinctive.
• The mark being descriptive in terms of physical appearance or geography rather than being unique.
• The mark creating social concerns.
• The mark being potentially misleading.
• The mark potentially diluting the distinctiveness of another existing mark.

To oppose a trademark registration, you need to file a Notice of Opposition with the USPTO. This document should clearly state the reasons why the USPTO should not register the mark in question. Following this, the trademark applicant has 30 days to respond to the opposition. The Trademark Trial and Appeal Board (TTAB) will then schedule a date for the proceedings. Given the legal intricacies of trademark opposition hearings, it is advisable to seek the expertise of a trademark attorney to file a Notice of Opposition and navigate the legal process effectively.

Visit the trademark national office at:

 https://www.uspto.gov/

The United States Patent and Trademark Office is the agency of the Department of Commerce in charge of granting patents and registering trademarks in the U.S. The USPTO advises the President, Secretary of Commerce and various government agencies on ways to protect, enforce, and promote intellectual property policy in the U.S. and abroad.

The website of the USPTO is https://www.uspto.gov/

Objections to a trademark application can be raised on various grounds, including infringement of proprietary rights, use of misleading marks, employment of disparaging signs, violation of rights related to a company or business name, and the utilization of descriptive or non-distinctive marks.

The USPTO will cancel a trademark usually for a lack of use or by request.  Between the fifth and sixth years after a trademark has been registered, the owner will be required to file maintenance documentation with accompanying fees.  Failure to do so will render a trademark abandoned and the trademark registration will be automatically cancelled by the USPTO for a lack of use.  If a party contests the use of a trademark in commerce because its use causes damage to the one contesting the mark, the USPTO will allow the one contesting the use of a mark to file a Petition to Cancel the trademark.  If the cancellation petition goes uncontested, the mark will be cancelled.