If you file a trademark application and the office action issues a 2(e) Merely Descriptive refusal, you will have the opportunity to respond. This refusal alleges that your trademark merely describes your product or service. It is one of the most difficult refusals to overcome because you have to prove to the trademark office that your mark is distinctive.
Read MoreA generic trademark goes a step further than one that is deemed merely descriptive. While merely descriptive describes the product or service, a generic trademark states exactly what the product is. For example, if your products are laptops and you were to file a trademark application for “laptop” that would be considered generic.
When you file your trademark application, the USPTO will evaluate your mark to determine whether it is strong enough to qualify for legal protection. The trademark office considers the distinctiveness of your trademark on a spectrum. T
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As NFTs grow in popularity, there will likely be an influx in trademark applications for NFTs. NFTs, or non-fungible tokens, are relatively new, but as an up and coming area of business more and more companies are filing for trademarks on their NFT business logos and names. This could bring interesting new developments to trademark law.
Changes to USPTO Office Action Response Time
Another benefit of the Trademark Modernization Act is that the amount of time provided to applicants to respond to office actions will be shortened to three months. This will speed up the application process significantly.
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As you already know, registering your Trademark is key to protecting your brand and business. When you register a trademark, you have ownership of that word or phrase. While that’s great for brand protection, it also means that there are a finite number of available trademarks.
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