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Brand Innovation Blog

Category: Trademark Law

Avoid Two Common Reasons for Trademark Rejection

   |   Eric Eagle Hartmans

Two common reasons for trademark application rejection to avoid with careful planning. Conflict with Prior Registration – Likelihood of Confusion One common reason that US trademark applications are rejected by the USPTO is a conflict with a prior trademark registration. This is a so called 2(D) refusal. A conflict exists if the application is “likely…
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Should I Trademark My Clothing Brand?

   |   Eric Eagle Hartmans

Should You Register Your Clothing Brand as a Trademark? Yes, it probably makes sense to register your clothing brand as a trademark. The fashion industry is crowded and filled with imitation. We think of two reasons to register a trademark, generally. Defensive registration is about getting on the registry before another company. This defends against…
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How to Trademark a Catchphrase

   |   Eric Eagle Hartmans

Can You Trademark a Catchphrase? Yes. You can register a catchphrase as a trademark with the United States Patent and Trademark Office (the “USPTO”). To do so, the trademark application must meet the general requirements for trademark registration. A catchphrase is “a well-known sentence or phrase, especially one that is associated with a particular famous…
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Trademark Symbol

   |   Eric Eagle Hartmans

When to Use the Registered Trademark Symbol ®, TM Symbol, and SM Symbol Circle R ® Symbol The registered trademark symbol ® can be used if a trademark is registered with the appropriate government agency. In the United States, the appropriate agency is the US Patent and Trademark Office (“USPTO”). State trademark registration does not…
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