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Section 11(1) states the following grounds for refusal: Trademarks which confuse the public as it is identical with an earlier similar trademark of goods or services. Trademarks which confuse the public as it is similar with an earlier identical trademark of goods or services.

§1064, which provides for cancellation of a trademark registration as being invalid any time if the registered mark becomes the generic name for the goods or services, or a portion thereof, or is functional, or has been abandoned for non-use, or its registration was obtained fraudulently.

Ing to the USPTO, less than 50% of trademark applications are approved without issuing an Office Action. That's more than 1 of every 2 applications is initially rejected, a substantial margin.

To register your trademark, you'll need to provide evidence that you're using it in commerce. This means you'll need to submit a specimen showing how you use your trademark. You'll also need to provide the date you first used your trademark in commerce and the date you first used it anywhere.

It identifies the product and it's origin. It proposes to guarantee its quality. It advertises the product. The trademark represents the product.

The USPTO may be required to refuse registration of your mark on numerous grounds. The most common are: Likelihood of Confusion: The USPTO conducts a search for conflicting marks as part of the official examination of an application only after a trademark application is filed.

A good trademark should be distinctive and unique, setting it apart from competitors. Distinctiveness allows consumers to easily identify and associate the mark with your brand. It should avoid common or generic terms and instead incorporate elements that are memorable, creative, and unconventional.

There are multiple requirements for trademarks and for litigation around trademark infringement, but there are three primary requirements businesses need to be aware of: Trademark distinctiveness, use in commerce, and lack of conflicts.

The six basic requirements for trademark registration are: Identify the trademark owner. Specify whether the trademark owner is a business or person. State whether the trademark is in use or there is a real intent to use. Provide a drawing of the trademark. List the products and/or services sold under the trademark.