A trademark registration at the USPTO can potentially last forever. But it must be properly renewed. The first filing is due between the 5th anniversary and 6th anniversary of the issuance of the registration certificate. This filing is called a Section 8 declaration of continued...

A recent application for TEN for bottled drinking water was refused as descriptive and the Applicant claimed the mark had acquired distinctiveness to attempt to overcome the refusal. On appeal of both issues – the descriptiveness and the asserted acquired distinctiveness  – the matter was resolved...

The most common substantive rejection of a USPTO trademark application is due to a “likelihood of confusion” under Trademark Act Section 2(d). A response to a 2(d) refusal is often complex. Of course, each situation is unique and depends upon the marks at issue, their...

When I am in New York, I frequently find myself in Gregorys Coffee. The brand is quirky and fun. The logo is odd — I assume it is Gregory’s hair and glasses, but I don’t know who Gregory is! The entire brand follow similar themes...