Failure to Function Example: Widespread Use

Last updated on May 16th, 2020 Love it! Here’s a great example of a term’s failure to function without widespread use on goods. This is a big deal, because in the Merch By Amazon fight against frivolous trademarks, USPTO has …

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LOP Examples: Class 035 Update

Last updated on May 13th, 2020 FRIVOLOUS TRADEMARKS:  IC 35 Letter of Protest update:  My Dog Mom Letter of Protest was dismissed in part and denied in part:  1) a “failure-to-function — widely used message” refusal was already issued, so …

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Girlboss Update

GIRLBOSS’s attorney raises some interesting points to overcome USPTO’s initial “failure to function” refusal. I’m curious how USPTO will rule on this.

Protest Potential: how to judge the potential success of a Letter of Protest

Here are the guidelines I use and recommend when deciding whether it’s worth my time to file a Letter of Protest against a frivolous trademark.

Top 10 Trademark Letter of Protest Facts

Here are 10 facts every entrepreneur should know about the Letter of Protest system and the fight against frivolous trademarks.

Why So Many Frivolous Trademarks?

USPTO expects you to let them know if a registration will negatively impact your business. That’s why the Letter of Protest system is free.

define: Trademark Trolling

Trademark trolling means using one’s trademark registration to limit competition. Not all frivolous trademark owners are trademark trolls.