Nowadays, nearly half (48.3%) of all trademark applications filed in the US with the United States Patent and Trademark Office (USPTO) are rejected.
Likelihood of confusion is a common reason for refusal of a trademark application. The USPTO will review your application and compare your mark to any existing trademark applications or registered trademarks.
If a trademark misdescribes a quality, purpose, function, feature, characteristic, ingredient, or use of the goods or services, and the misrepresentation would be credible or plausible to consumer, the mark would be refused as deceptively misdescriptive.
5 Important Steps To Draft And File A Patent Texas Document Your Invention. First and foremost, clearly document your invention to file a patent Texas. Choose Your Type Of Protection. Conduct A Through Patent Search. Evaluate Drafting And Filing Costs. Prepare Your Application.
Strong trademarks are suggestive, fanciful, or arbitrary. Weak trademarks are descriptive or generic. Think about them this way. You want your trademark to be strong or “hot,” as opposed to weak or “cold.”
The first is Genericide, a term used when a brand name has become so widely used that it becomes synonymous with a general class of product or service, causing the trademark to lose its distinctiveness. For example, 'Band-Aid' often being used to refer to any adhesive bandage is an instance of genericide.
Bona fide means in good faith, genuine, authentic. It is the opposite of deceitful or fraudulent. In the context of an ITU application, the applicant's intent to use the trademark in the future must be bona fide.
How to File a Patent in Texas Do You Have an Idea or Invention? Every invention begins as an idea. Perform Market Research. Verify Patent Eligibility. Conduct a Patent Search. Determine Inventorship & Ownership. Choose the Type of Patent. Prepare the Patent Application. Submit the Patent Application.
You can have both a trademark and a patent, though they won't be for exactly the same thing. A trademark can protect a creation's name, for example, and a patent can protect the actual creation itself.
A patent allows the creator of certain kinds of inventions that contain new ideas to keep others from making commercial use of those ideas without the creator's permission. Trademarks, on the other hand, are not concerned with how a new technology is used.