Examples of Unusual Trademarks

Trademark registration has been granted for unusual trademarks including:

• Shape (example: Bottle shape for wine, cola, tea bags);
• Color (example: Pink color for insulation);
• Sounds (examples in the chart below); listen to examples of sound trademarks at the USPTO web site
• Scent (example: see Hasbro mark for Play-doh & almond scent for modeling wax for dental purposes below)
• Motion (example: Flying pegasus for movie studios).

Searching for unusual trademarks? The TESS trademark search (6)[MD] and `RN > "0" and live[ld] will bring up live (live[ld]) trademark registrations (`RN > "0") where MD = 6 (sensory marks such as sound and fragrance marks). Code 6 is used when no drawing is possible.

Check out some unusual trademarks below:

Design Description

RN

Status/

Status Date

Goods/Services

Owner Information

1

THE MARK IS A SOUND. THE MARK CONSISTS OF THE SOUND OF A DIGITALLY MODIFIED HUMAN VOICE SAYING THE FANCIFUL COINED NON-DICTIONARY WORD "KUKIKU" WITH EMPHASIS ON THE FIRST "U" AT A FAST TEMPO AND HIGH PITCH.;

5429627

 Registered March 20, 2018

(Int'l Class: 09)
downloadable mobile applications for uploading, sharing, displaying and accessing user-generated musical performance multimedia using the internet, rating on said multimedia, and competing for prizes and opportunities based on the multimedia uploaded by the users and the ratings/valuations received by the same

Tactical Financial Services, Inc. (Puerto Rico Corp.)
Pmb 309, 35 Juan C. Borbon, Suite 67 Guaynabo 00969 Puerto Rico

2

(NON-VISUAL PLAY-DOH SCENT MARK)

THE MARK IS A SCENT OF A SWEET, SLIGHTLY MUSKY, VANILLA FRAGRANCE, WITH SLIGHT OVERTONES OF CHERRY, COMBINED WITH THE SMELL OF A SALTED, WHEAT-BASED DOUGH;

5467089

 Registered Principal Register - Sec. 2(F) May 15, 2018

(Int'l Class: 28)
toy modeling compounds

Hasbro, Inc. (Rhode Island Corp.)
1027 Newport Avenue Pawtucket Rhode Island 02862

3

The mark consists of the scent of almond

5735892

 Registered Supplemental Register April 23, 2019

(Int'l Class: 05)
Modeling wax for dental purposes

Harvest Dental Products, LLC (California Limited Liability Company)
905 Columbia St. Brea California 92821

4

The mark is a sound. The mark consists of a musical composition featuring five sequential notes played by a piano keyboard in common 4/4 time: a C5 sixteenth note, G5 dotted eighth note tied to a G5 half note, and C5 quarter note, and an F5 whole note.;

5575928

 Registered October 2, 2018

(Int'l Class: 38)
broadcasting and streaming of audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos via a global computer network; video-on-demand transmission services
(Int'l Class: 41)
education and entertainment services, namely, online services providing non-downloadable audio-visual content in the fields of current event reporting, entertainment, sports, comedy, drama, music, and music videos . . .

(Int'l Class: 42)
hosting of digital content on the internet

Hulu, LLC (Delaware Limited Liability Company)
Suite 200 2500 Broadway Santa Monica California 90404

5

The mark consists of an instrumental musical theme in G flat as follows: two consecutive eighth notes, EB5 and F5. This is followed by two consecutive quarter notes, GB5 and B4. This is followed by a whole note, BB4 which is held and allowed to fade. A tonal underpinning of the tonic GB major supports the lower end and occurs on the downbeat occurring one quarter beat before the first note sounds.;

5728023

 Registered April 16, 2019

(Int'l Class: 36)
insurance underwriting services in the field of property and casualty insurance; insurance administration; insurance claim processing and claim administration; safety and loss prevention risk control services and consultation; providing information in insurance matters

The Travelers Indemnity Company (Connecticut Corp.)
One Tower Square Hartford Connecticut 06183

6

THE MARK IS A SOUND. THE MARK IS WRITTEN IN THE KEY OF A MAJOR AND 4/4 TIME AND IS PLAYED ON AN ELECTRONIC KEYBOARD. THE MARK CONSISTS OF 3 SIXTEENTH NOTE CHORDS COMPRISED OF THE NOTES A3 AND D4, FOLLOWED BY A SINGLE SIXTEENTH NOTE CHORD COMPRISED OF THE NOTES A3 AND C4-SHARP, FOLLOWED BY AN EIGHTH REST, FOLLOWED BY AN EIGHTH NOTE CHORD TIED TO A HALF NOTE CHORD COMPRISED OF THE NOTES E4 AND A4.;

5396623

 Registered February 6, 2018

(Int'l Class: 35)
information and consultation in the field of energy efficiency; energy usage management services; energy usage management information services

Puget Sound Energy, Inc. (Washington Corp.)
10885 Ne 4th Street Bellevue Washington 98004

7

THE MARK IS A SOUND. THE MARK IS WRITTEN IN THE KEY OF A MAJOR AND 4/4 TIME AND IS PLAYED ON AN ELECTRONIC KEYBOARD. THE MARK CONSISTS OF 3 SIXTEENTH NOTE CHORDS COMPRISED OF THE NOTES A3 AND D4, FOLLOWED BY A SINGLE SIXTEENTH NOTE CHORD COMPRISED OF THE NOTES A3 AND C4-SHARP, FOLLOWED BY AN EIGHTH REST, FOLLOWED BY AN EIGHTH NOTE CHORD TIED TO A HALF NOTE CHORD COMPRISED OF THE NOTES E4 AND A4.;

5396624

 Registered February 6, 2018

(Int'l Class: 39)
distribution of energy; utility services, namely, transmission and distribution of electricity, and distribution of natural gas; consultation services in the field of transmission and distribution of energy, electricity, and natural gas

Puget Sound Energy, Inc. (Washington Corp.)
10885 Ne 4th Street Bellevue Washington 98004

8

THE MARK IS A SOUND. THE MARK IS WRITTEN IN THE KEY OF A MAJOR AND 4/4 TIME AND IS PLAYED ON AN ELECTRONIC KEYBOARD. THE MARK CONSISTS OF 3 SIXTEENTH NOTE CHORDS COMPRISED OF THE NOTES A3 AND D4, FOLLOWED BY A SINGLE SIXTEENTH NOTE CHORD COMPRISED OF THE NOTES A3 AND C4-SHARP, FOLLOWED BY AN EIGHTH REST, FOLLOWED BY AN EIGHTH NOTE CHORD TIED TO A HALF NOTE CHORD COMPRISED OF THE NOTES E4 AND A4.;

5396625

 Registered February 6, 2018

(Int'l Class: 40)
production and generation of energy; producing and generating electricity

Puget Sound Energy, Inc. (Washington Corp.)
10885 Ne 4th Street Bellevue Washington 98004

9

The mark is a sound. The mark consists of the notes D, E, G, E, D and a C Major chord in succession.;

5525429

 Registered July 24, 2018

(Int'l Class: 38)
electronic, electric, and digital transmission of voice, data, images, signals, and messages; providing colocation services for voice, video and data communications, namely, providing telecommunication connectivity services using a single interface to source bandwidth connectivity from multiple providers for telecommunications purposes

Centurylink Inc. (Louisiana Corp.)
100 Centurylink Drive Monroe Louisiana 71203

10

The mark is a sound. The mark consists of the notes D, E, G, E, D and a C Major chord in succession.;

5536367

 Registered August 7, 2018

(Int'l Class: 42)
application service provider (asp), namely, hosting computer software applications of others; computer consultation in the field of computer security; consulting services in the field of design, selection, implementation and use of computer hardware for others. . .

Centurylink Inc. (Louisiana Corp.)
100 Centurylink Drive Monroe Louisiana 71203

11

THE MARK IS A SOUND. THE MARK CONSISTS OF A MELODY PLAYED BY A PIANO. THE MELODY IS IN ORDER AS FOLLOWS: A G4 EIGHTH NOTE, AN E4 EIGHTH NOTE, A QUARTER REST, AN EIGHTH REST, AN E4 EIGHTH NOTE, AN F4 EIGHTH, A G4 EIGHTH NOTE, AN E5 QUARTER NOTE, AND E5 QUARTER NOTE, A C5 HALF NOTE, A G4 EIGHTH NOTE, AN E4 EIGHTH NOTE, A QUARTER REST, AN EIGHTH REST, AN E4 EIGHTH NOTE, AN F4 EIGHTH NOTE, AND E4 EIGHTH NOTE, A G4 QUARTER NOTE, A G4 QUARTER NOTE, AN F4 HALF NOTE, AN F4 EIGHTH NOTE, A D4 EIGHTH NOTE, A QUARTER REST, AN EIGHTH REST, A D4 EIGHTH NOTE, AN E4 EIGHTH NOTE, AND F4 EIGHTH NOTE, A G4 EIGHTH NOTE, AN E4 EIGHT NOTE, A QUARTER REST, AN EIGHTH REST, AN E4 EIGHTH NOTE, AN F#4 EIGHTH NOTE, AN E4 EIGHTH NOTE, A D4 EIGHTH NOTE, A G4 EIGHTH NOTE, AN EIGHTH REST, AN E4 EIGHTH NOTE, AN F#4 EIGHTH NOTE, A D4 EIGHTH NOTE, AN EIGHTH REST, AN A4 EIGHTH NOTE, A G4 HALF NOTE, A HALF REST, G4 EIGHTH NOTE, AN E4 EIGHTH NOTE, A QUARTER REST, AN EIGHTH REST, AN E4 EIGHTH NOTE, AN F4 EIGHTH, A G4 EIGHTH NOTE, AN E5 QUARTER NOTE, AND E5 QUARTER NOTE, A C5 HALF NOTE, A G4 EIGHTH NOTE, AN E4 EIGHTH NOTE, A QUARTER REST, AN EIGHTH REST, AN E4 EIGHTH NOTE, AN F4 EIGHTH NOTE, AND E4 EIGHTH NOTE, A G4 QUARTER NOTE, A G4 QUARTER NOTE, AN F4 HALF NOTE, AN F4 EIGHTH NOTE, A D4 EIGHTH NOTE, A QUARTER REST, AN EIGHTH REST, AN A4 EIGHTH NOTE, A B4 EIGHTH NOTE, AN A4 EIGHTH NOTE, A C5 EIGHTH NOTE, A G4 EIGHTH NOTE, A QUARTER REST, AN EIGHTH REST, A G4 EIGHTH NOTE, AN F4 EIGHTH NOTE, AN E4 EIGHTH NOTE, A D4 EIGHTH NOTE, AN A4 EIGHTH NOTE, AN EIGHTH REST, A C4 EIGHTH NOTE, A B3 EIGHTH NOTE, A G4 EIGHTH NOTE, AN EIGHTH REST, A G4 EIGHT NOTE, AND A C4 HALF NOTE.;

5398955

 Registered February 13, 2018

(Int'l Class: 33)
alcoholic beverages except beers

Underberg Ag (Switzerland Aktiengesellschaft)
Industriestrasse 31 8305 Dietlikon Switzerland

12

THE MARK CONSISTS OF A HIGH-TOM DRUM HITTING TWO SIXTEENTH BEATS, FOLLOWED BY A MIDDLE-TOM DRUM HITTING TWO SIXTEENTH BEATS, FOLLOWED BY A LOW-TOM DRUM HITTING A WHOLE BEAT. AS THE LOWTOM HITS, A PIANO AND A METALLIC-BELL PLAY A D2 WHOLE NOTE.;

5461732

 Registered May 8, 2018

(Int'l Class: 36)
annuity underwriting; underwriting, issuance and administration of annuities; financial services, namely, providing an investment option available for variable annuity and variable life insurance products; insurance; reinsurance; underwriting and issuance of funding agreements and consultation in connection therewith

Athene Ip Holding LTD. (Bermuda Bermuda Exempted Company)
Chesney House, First Floor 96 Pitts Bay Road Pembroke Bermuda

13

THE MARK IS A SOUND. THE MARK CONSISTS OF THE SOUND OF A DIGITALLY MODIFIED HUMAN VOICE SAYING THE FANCIFUL COINED NON-DICTIONARY WORD "KUKIKU", WITH EMPHASIS ON THE "I" AT A FAST TEMPO AND HIGH PITCH.;

5429625

 Registered March 20, 2018

(Int'l Class: 09)
downloadable mobile applications for uploading, sharing, displaying and accessing user-generated musical performance multimedia using the internet, rating on said multimedia, and competing for prizes and opportunities based on the multimedia uploaded by the users and the ratings/valuations received by the same

Tactical Financial Services, Inc. (Puerto Rico Corp.)
Pmb 309, 35 Juan C. Borbon, Suite 67 Guaynabo 00969 Puerto Rico

14

THE MARK IS A SOUND. THE SOUND IS AN ELECTRIC PIANO PLAYING A SEQUENCE OF FIVE NOTES IN THE KEY OF C. THE NOTES ARE A, UP TO E, D, E, D.;

5492782

 Registered June 12, 2018

(Int'l Class: 10)
breast pumps

Medela Holding Ag (Switzerland Corp.)
Lättichstrasse 4B Baar Switzerland

15

THE MARK CONSISTS OF SYNTHESIZED PIZZICATO STRINGS PLAYING E3 EIGHTH NOTE, FOLLOWED BY AN F3 EIGHTH NOTE, FOLLOWED BY AN E3 EIGHTH NOTE, AND FINALLY A C3 EIGHTH NOTE.;

5431616

 Registered March 27, 2018

(Int'l Class: 09)
emergency notification system comprised of a data processor and a user input device for connecting the data processor to an emergency response entity through a communication network and allowing audio and data communication between the processor and the entity

Ursini, Preston L (United States Citizen)
1212 Helen Street Paducah Kentucky 420012200

16

The mark is a sound.  The mark consists of a synthesizer with delay processing playing, in order, a G3 sixteenth note, an A3 sixteenth note, a C4 sixteenth note, a G3 sixteenth note, an A3 sixteenth note, a C4 sixteenth note, and another C4 sixteenth note. As the last C4 sixteenth note is played by the melodic synth, the artifacts of the delay are heard along with a 1-octave square wave glide from C4 - C5.;

5527937

 Registered July 31, 2018

(Int'l Class: 28)
children's multiple activity toys; electronic learning toys

Mattel, Inc. (Delaware Corp.)
M1-1518 333 Continental Boulevard El Segundo California 90245

17

The mark is a sound.  The mark consists of a synthesizer with delay processing playing, in order, a G3 sixteenth note, an A3 sixteenth note, a C4 sixteenth note, a G3 sixteenth note, an A3 sixteenth note, a C4 sixteenth note, and another C4 sixteenth note. As the last C4 sixteenth note is played by the melodic synth, the artifacts of the delay are heard along with a 1-octave square wave glide from C4 - C5.;

5527936

 Registered July 31, 2018

(Int'l Class: 09)
game software; computer application game software for mobile phones, handheld computers and tablets; children's educational software

Mattel, Inc. (Delaware Corp.)
M1-1518 333 Continental Boulevard El Segundo California 90245

18

The mark consists of a sound. The mark consists of a five note sound consisting of notes having the following intervals: first note is the Root, second note is up a perfect 5th from the root, third note is up a perfect 4th from the second note, fourth note is down a half step from the third note, fifth note is up a half step from the fourth note. The mark is in the key of C major comprised of the notes C-G-C-B-C.;

5625240

 Registered December 11, 2018

(Int'l Class: 36)
credit union services

Gain Federal Credit Union (United States Federally Chartered Credit Union)
1800 West Magnolia Boulevard Burbank California 91506

19

The mark is a sound; specifically, voices murmuring, followed by a voice saying "SHHHH," followed by a musical composition consisting of the following melody notes: C#4 sixteenth note, followed by a D#4 sixteenth note, an F4 quarter note, a G#4 eighth note, an F#4 quarter note, an F4 quarter note, a D#4 quarter note, a C#4 eighth note, and finally a C#4 half note, all set to a musical accompaniment.;

5652539

 Registered January 15, 2019

(Int'l Class: 41)
entertainment services in the field of film and television, namely, the creation, production and distribution of motion picture films, television programs and animation

Trustee(S) of the Brooks Family Trust, James L. Brooks, a Citizen of the United States of America (California Trust)
C/O William Broder 11100 Santa Monica Blvd., Suite 400 Los Angeles California 90025

20

The mark is a sound.  The mark consists of two unsynchronized takes of a piano playing a composition in the key of C Major.  The composition begins in the key of C Major with an arpeggio based on the Dorian Mode followed by a repeating, descending triplet embellishment based on the same scale. The next measure contains another arpeggio, this time based on a G Seventh Chord followed by a descending quadruplet embellishment based on the C Minor Blues Scale. This same embellishment is repeated, ascending this time in triplets and then is followed by a fortissimo solid G Seventh Chord. The conclusion of the composition features a descending melodic minor scale in the key of C minor played in octaves beginning on G and finishing up again on the key of G two octaves lower.;

5537524

 Registered Supplemental Register August 7, 2018

(Int'l Class: 41)
radio entertainment services, namely, radio programs featuring performances by a musical artist, talk show host, or other entertainer; distribution of radio programs for others . . .

Organized Sound, LLC (California Limited Liability Company)
P.O. Box 201 Modesto California 95353

21

The mark is a sound. The mark consists of the spoken words THE RIGHT WAY, NOT THE EASY WAY, with an emphasis on the words RIGHT and EASY.;

5575905

 Registered October 2, 2018

(Int'l Class: 37)
air duct cleaning services; drain and sewer cleaning and rootering services; installation and repair of heating, ventilating and air conditioning equipment; installation and replacement service for water heaters; installation of solar energy systems and alternative energy products for residential and commercial use . . .

Phoenix Peach, LLC (Nevada Limited Liability Company)
8311 W Sunset Rd, Ste 200 Las Vegas Nevada 89113

22

THE MARK IS A SOUND. THE MARK CONSISTS OF A MALE VOICE SAYING "I DOUBLE A C," FOLLOWED BY A LAUGH.;

5464611

 Registered May 8, 2018

(Int'l Class: 41)
providing on-line videos featuring music not downloadable; music video production; production of sound and music video recordings

Agostini III, Francisco (United States Citizen)
3540 W Sahara Ave P.O. Box #722 Las Vegas Nevada 89166

23

The mark is a sound. The mark consists of The mark is a sound. The mark consists of the name McDivitt spoken like a frog saying "ribbit".;

5636282

 Registered December 25, 2018

(Int'l Class: 45)
legal services

Mcdivitt Law Firm, P.C. (Colorado Professional Corporation)
19 East Cimarron Street Colorado Springs Colorado 80903

24

THE MARK IS A SOUND. THE MARK CONSISTS OF SOUND MARK COMPRISING THE WORDING "AVOCADOS FROM MEXICO" SUNG TO A MELODY CONSISTING OF THE FOLLOWING MUSICAL NOTES: G3, G3, G3, A3, G3, AND THE HARMONIZED NOTES E4, G4; D4, F4; C4, E4.;

5415694

 Registered March 6, 2018

(Int'l Class: 35)
association services, namely, promoting the interests of the mexican avocado industry

Apeam A.C. (Mexico Asociación Civil (A.C.))
Tlaxcala No. 1675, Colonia Los Angeles Uruapan, Michoacan 60160 Mexico

25

The mark is a sound. The mark consists of repeating rhythmic metallic clacking of the operation of teleprinters.;

5635561

 Registered Principal Register - Sec. 2(F) December 25, 2018

(Int'l Class: 38)
radio broadcasting services, and broadcasting services, namely, the streaming of audio material via the internet

Entercom Operations, Inc. (Delaware Corp.)
401 E. City Ave., Suite 809 Bala Cynwyd Pennsylvania 19004

26

The sound mark consists of the sounds of a windproof lighter opening, igniting, and closing.;

5527388

 Registered Principal Register - Sec. 2(F) July 31, 2018

(Int'l Class: 34)
lighters for smokers

Zippo Manufacturing Company (Pennsylvania Corp.)
33 Barbour Street Bradford Pennsylvania 16701

27

The mark is a sound. The mark consists of the sound of burning methamphetamine. The sound begins with the flick of a lighter, followed by a fizzing sound of a small flame ignition, and high pitched metallic crackling sounds .;

5568143

 Registered Principal Register - Sec. 2(F) September 25, 2018

(Int'l Class: 35)
advertising services, namely, preparing and disseminating public service advertising material related to the prevention of methamphetamine abuse for others

Project Prevent X, Inc. (Georgia Non-Profit Corporation)
3715 Northside Parkway Suite 1-320 Atlanta Georgia 30327

Special Requirements for Unusual Trademarks

Like word and design trademarks, unusual types of marks must also function as marks but not be functional as marks. Potential marks that are just sounds or shapes or colors but do not identify and distinguish any goods or services are not registrable as trademarks.

Note that unusual trademarks require special considerations in applications. Some of the special requirements are:

• Three Dimensional Marks : If the mark has three-dimensional features, the applicant must include a description of the mark indicating that the mark is three-dimensional, and the applicant must submit a drawing that depicts a single rendition of the mark. 37 C.F.R. §2.52(a)(2)(iii). If the applicant believes that its mark cannot be adequately depicted in a single rendition, the applicant may file a petition to the Commissioner requesting that the rule be waived.
•  Marks With Motion: If the mark has motion, the applicant may submit a drawing that depicts a single point in the movement, or the applicant may submit a square drawing that contains up to five freeze frames showing various points in the movement, whichever best depicts the commercial impression of the mark. The applicant must also submit a written description of the mark. 37 C.F.R. §2.52(a)(2)(iv).
• Sound, Scent, and Non-Visual Marks: The applicant is not required to submit a drawing if the applicant's mark consists only of a sound, a scent, or other completely non-visual matter. For these types of marks, the applicant must submit a detailed written description of the mark. 37 C.F.R. §2.52(a)(3).

Need help? Email W@TMK.law   Trade dress marks are a specialty branch of trademark law and refusals are common and difficult to overcome.

TMk® Email W@TMK.law  for U.S. Licensed Attorney for Trademark Searches and Applications; File or Defend an Opposition or Cancellation; Trademark Refusal; Brand Positioning

For more information from Not Just Patents, see our other pages and sites:      

USPTO Trademark Search   TEAS Application TEAS Plus  Where to trademark search?  TmSearch.US.com

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Using Slogans (Taglines), Model Numbers as Trademarks

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Change Trademark or Patent Ownership    

 Opposition Proceeding    

TTAB Discovery Conference Checklist

Lack of standing is not an Affirmative Defense

Trademark Register FAQ  Definition: Clearance Search

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Amend to Supplemental Register?    Knockout Searching

General Rules Likelihood of Confusion   Dominant Elements

Trademark Search Hack-Use the same method as USPTO   

Experience appearing before the Board (TTAB)

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How To Show Acquired Distinctiveness Under 2(f)

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Which TEAS application is less likely to be refused?

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TEAS Plus refusal rate  tesssearch  Brand Positioning Help

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Grounds for Opposition & Cancellation

Notice of Opposition trademark sample

What is a Trademark Specimen?     Trademark Searching

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 Make Trademark Searching More Thorough

What are Dead or Abandoned Trademarks?

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3D Marks Trade Dress TTAB Extension of Time  

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Differences between TEAS Plus and TEAS Standard  

Extension of Time to Oppose

 tess search  Examples of Unusual Trademarks

  Extension of time to answer  

What Does Published for Opposition Mean?

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Overcoming Merely Descriptive Refusal  TmkApp Checklist

Likelihood of Confusion 2d  TMK.law–Knowing the law matters

Acquired Distinctiveness Examples  2(f) or 2(f) in part

Definition: Likelihood of confusion

Merely Descriptive Trademarks  Merely Descriptive Refusals

Definition of Related goods and services for trademarks

ID of Goods and Services see also Headings (list) of International Trademark Classes How to search ID Manual

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Likelihood of confusion-Circuit Court tests  Trademark Glossary

Pseudo Marks    How to Reply to Cease and Desist Letter

Why Hire A Private Trademark Attorney?

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Common Law Rights for Domain Names

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Published for Opposition  What is Discoverable in a TTAB Proceeding Affirmative Defenses  

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What is a Family of Marks? What If Someone Files An Opposition Against My Trademark? Statutory Cause of Action (aka Standing)

Tips for responding to tm Refusal  

DIY Overcoming Merely Descriptive Refusals

TESS Trademark Trademark Registration Answers TESS database  

Trademark Searching Using TESS  Trademark Search Tips

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