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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. In evaluating an application, the examining attorney conducts a search of USPTO records to determine whether there is ...

What is an "ornamental" refusal? An ornamental refusal is when the USPTO refuses registration of your mark because the sample of how you actually use the applied-for mark (the "specimen") or other information in the record shows use of your mark merely as an ornamental or decorative feature on the goods and not as a trademark to indicate the source of the goods.

An acceptable specimen of use for trademark application covering clothing items can be especially tricky. USPTO trademark examining attorneys want to see the mark in certain areas for articles of clothing that might not be obvious. Merely showing the mark on the front of the clothing item may lead to a rejection called an ornamental refusal.

When filing “proof of commercial use” with the USPTO, the USPTO requires applicants to use a word, phrase or symbol as a trademark- not just as a part of ornamental design. If the USPTO examining attorney believes that the proof of use (called a “specimen”) is “ornamental” then they will refuse the application on the grounds that the specimen fails to show the word, phrase or ...

Common Reason for Trademark Rejection. Trademark applications can be rejected for many different reasons. While some are merely technical, others can go to the substance of your mark and/or how you plan to use it. ... Clothing differs slightly in that consumers may recognize small designs or discrete wording as trademarks, rather than as merely ...

Be attached to TEAS forms as JPG files of up to 5 megabytes or .PDF, .WAV, .WMV, .WMA, .MP3, .MPG, or .AVI files of up to 30 megabytes. ... Blurry or low-resolution images may lead to rejection. Avoid “Ornamental” Use: If a trademark appears on clothing or accessories, it should be on the tag, label, or packaging, rather than just a ...

Submitting a valid trademark specimen of use is essential for demonstrating a trademark's active use in commerce. ... These labels can take various forms and must clearly display the trademark in association with the product. ... Trademark, product info: Clothing tags: Bottles & Cans: Brand name, logo, ingredients: Beverage packaging: Boxes ...

Here are some tips to ensure your trademark specimen for clothing will be accepted by the US Patent & Trademark Office: If placing the mark on the outside of the garment, it should go where would expect to see other brand’s marks, like the pocket, breast area, or sleeve and keep it small and neat. Most athletic polo and golf shirts offer ...

If you have a clothing business and would like to ensure that your trademarks are protected please call me at (480) 360-3499, email me at kevin@yourtrademarkattorney.com, or complete the contact form found on this page to schedule your free initial consultation today. I look forward to speaking with you.

Jeremy Green Eche is a branding attorney and the founder of JPG Legal and Communer, a marketplace for registered trademarks.He is the attorney of record for over 4,000 U.S. trademark registrations. In 2019, JPG Legal was ranked the #16 law firm in the United States by number of federal trademark applications filed. Eche graduated from Northwestern University School of Law on a full scholarship.

For more information on an ornamental refusal, see Trademark Act Sections 1, 2, and 45, 15 U.S.C. §§1051-1052, 1127; In re Olin Corp., 181 USPQ 182, 182 (TTAB 1973) (phrase "Swallow Your Leader" on the front of a t-shirt was merely ornamental and did not show trademark use); In re Right-On Co., 87 USPQ2d 1152, 1153, 1156-57 (TTAB 2008 ...

Part I: The Basics of Trademarks for Clothing Brands. What is a trademark? ... you would need to respond to the reasons for the rejection. 1. Pick a unique name (and logo) ... It’s much more than just filling out online forms. That is the easiest part of the process. The Federal trademarking process involves making dozens of legal decisions ...

The hangtag, properly displaying the trademark, should be used consistently as soon as possible, and evidence should be saved of interstate sales of clothing with the hang-tag. I recommend saving the buyer’s out-of-state contact information. To read more about trademark registration generally, check out my article HERE.

2. File your clothing brand’s trademark as soon as possible. It is important to file your trademark as early as possible. The registration process can take a while, but it is also important to establish trademark priority. Trademark priority is an important thing to consider when filing your clothing trademark.

Collectively, these elements form a robust case, reinforcing the argument that the trademark has acquired distinctiveness in the minds of consumers. Crafting a Strong Appeal Letter. While navigating the complexities of trademark rejection appeals, crafting a strong appeal letter is vital to effectively communicate the merits of the case.

When it comes to clothing, registered brands matter.By Michael Kondoudis, Clothing Brand Trademark AttorneyIn this post, I’ll show you EXACTLY how to register clothing brand name trademarks so that you can safeguard your clothing brand, maximize your clothing brand’s value, and protect yourself from...

To trademark a clothing brand, you need to (1) perform a trademark search make sure no one else is using the name or logo you’ve chosen (2) file a trademark application with the U.S. Patent and Trademark Office (USPTO). ... The USPTO forbids it. So, if you have a legal question, or face a legal rejection, you’ll be on your own, unless you ...

Learn about the common grounds for trademark application refusal and how to avoid them. This comprehensive guide covers potential reasons for rejection, including similarity to existing trademarks, descriptiveness, and more. Discover strategies for conducting trademark searches, choosing distinctive marks, and responding to refusals to enhance your chances of successful trademark registration.

Tips to Avoid Trademark Rejection in the Future. Avoiding trademark rejection requires careful planning and attention to detail. Here’s how you can ensure a smoother registration process: Conduct a Thorough Trademark Search. Check trademark databases to ensure your mark doesn’t conflict with existing ones.