Trademark Terms

Here’s a glossary of trademark terms you need to understand to make sense of fighting frivolous trademarks. See all other posts regarding trademarks here.

Trademark Terms

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There are 2 topics in this directory beginning with the letter E.
Evidence

Information to support whether a belief is true or valid. When it comes to fighting frivolous trademarks, your opinion and the applicant’s past or present actions are irrelevant. Each Letter of Protest must be supported with evidence that meets USPTO's strict guidelines. These guidelines may be different, depending on the basis of the protest. (See also Legal Basis.)

Submitted by: Morgan Reece

Examining Attorney
USPTO has around 600 Examining Attorneys (EAs) who examine incoming trademark and patent applications. The EA must review the applicant's paperwork in accordance with TMEP. This includes checking for accuracy (for example, proper categories selected) and performing a search of the USPTO database to determine whether there are similar existing marks (either registered or applied-for before the current application). If the EA receives a Letter of Protest to review, they must determine whether the evidence supports a refusal of the application. This decision must be supported by case law (especially that referenced in the TMEP), not their opinion or "gut feeling." See also Intellectual Property Law, TMEP.
Submitted by: Morgan Reece


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