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Trademarks · 101

The short course, one page at a time.

Let’s discuss the basics: what a trademark is, what the USPTO looks for, and what each kind of refusal actually means. Read the one you need, then send us any questions.

Send us your questionBook a time instead

General information, not legal advice. The fine print.

Search the federal register

Type your mark and we’ll show you what’s on the federal register close to it: the same search our attorneys start with. Add a class if you know it, and we’ll put those matches first.

Heads up: we’re still setting this search up, so things might be a little wonky for a few days. If a search doesn’t come back or if something seems off, try again in a minute, or have an attorney look now.

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The basics

We cover what a trademark is, what registering one gets you, and how long it takes.

Strong and weak trademarks

Why an invented word beats a description, and where your name sits on that scale.

Likelihood of confusion

This is the most common substantive refusal. It means your mark is too close to one that’s already registered.

Descriptiveness

When the USPTO thinks your mark only describes the product. We’ll also cover some ways around this.

The Supplemental Register

A second register for marks that aren’t distinctive yet: what it gives you, what it doesn’t, and when to take it.

Specimens

These are the proof of use the USPTO asks for, and why one gets refused.

Identifying your goods/services

Why the wording of your goods and services matters as much as the mark.

Disclaimers

When the USPTO asks you to disclaim a word, and why it’s usually painless.

Reading this site doesn’t make us your attorneys. That only happens when we both sign an engagement letter. Until then, please don’t send confidential details. Gugliotta & Gugliotta, LPA is responsible for the content of this website, at the addresses above. The firm operates a virtual office and meets with clients by appointment.

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