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How to Register a Foreign Registered Trademark in the US Without Use (Section 44)

Patent Trademark Blog

Can you obtain a US registration for a foreign registered trademark? Many international trademark owners are familiar with the Madrid Protocol where you file your first trademark application in your home country. Need to register a foreign trademark in the US? It is called Section 44(e). Not exactly.

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How Do People End Up Losing Their Trademark Rights?

Kashishipr

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Protecting your Trademark from Non-Use Cancellation

Kashishipr

It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. Trademark cancellation actions can be filed by third parties and can prove to be extremely time-consuming, costly, and damaging to the brand. What Constitutes Use?

Trademark 105
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Expungement vs. Reexamination: What are the differences?

Patent Trademark Blog

These two fancy names bear good news for trademark challengers. Anyone thinking of canceling a trademark registration should be encouraged by the Trademark Modernization Act. Known as TMA, the new rules give IP owners more cost-effective ways to attack trademark registrations based on non-use.

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Why Your Trademark Arguments Will Fail: How to Win an Office Action Rejection

Patent Trademark Blog

Why Certain Trademark Arguments Are Irrelevant Certain trademark arguments are destined to fail. The secret to a successful trademark response lies in understanding the right approaches for certain situations. Need to overcome a trademark refusal? What are some loser trademark arguments? Be careful though.

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Trademark Counterclaim: A Counterattack for TTAB Oppositions and Cancellations

Patent Trademark Blog

What is a trademark counterclaim? When it comes to TTAB oppositions and cancellations , it may make sense to consider filing a counterclaim against the plaintiff. A potential TTAB counterclaim, therefore, will typically seek to cancel trademark registrations owned by the petitioner or opposer.

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How to Expedite Trademark Application: When and how can you speed up your trademark examination process?

Patent Trademark Blog

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. You can subtract items from the old registration.