Re: trademark examiner

Patent & Trademark, Questions & Answers by Andrew P. Lahser, Attorney

  1. What is the penalty for ® symbol before trademark registration?
    There could be a variety: denial of registration, fraud, false advertising, or other penalties for deception.
  2. How is a trademark for trash removal confused with equipment rental?
    When the marks are identical, the services may be considered related if other, third-party companies commonly offer both services.
  3. Trademark Office Action: How to respond
    A Trademark Office Action is a legal proceeding where the Trademark Examiner rejects your trademark application. Learn how to overcome the rejection.
  4. Can you change a trademark's goods and services description?
    A trademark's goods and services description may be amended to limit or clarify; yet, not broaden the scope of the description.
  5. Trademark Response: How do you present argument?
    Most importantly, be persuasive. There are few rules for the format of the argument. The electronic filing system prompts for most rules.
  6. Can I amend a trademark after rejection?
    Probably not. Trademark amendments are only allowed when there is no 'material alteration' of the mark, which will not be enough to overcome the refusal.