GLOSSARY

Trademark terms, in plain language.

39 terms you will meet in a USPTO filing, refusal or renewal notice — written so you can tell what they mean for your application.

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39 terms

Abandonment

Your application died, usually because a deadline passed.

Refusals and deadlines

Acquired distinctiveness

A descriptive name that became a brand through long use.

Refusals and deadlines

Allegation of use

Proof you have started actually selling under the mark.

Filing

Applicant

The person or business that will own the registration.

Filing

Basis for filing

Why you are entitled to file: you use it, or you intend to.

Filing

Cease and desist letter

A formal demand that someone stop using your mark.

After registration

Class

The category your goods or services fall into. Fees are per class.

Filing

Common law rights

Rights you get from using a name, without registering it.

Choosing a name

Confusingly similar

Close enough to an existing mark that buyers might mix them up.

Refusals and deadlines

Dead mark

A record that is abandoned, cancelled or expired.

Choosing a name

Descriptive mark

A name that describes what you sell. Hard to register.

Choosing a name

Disclaimer

Giving up exclusive rights to a generic word inside your mark.

Refusals and deadlines

Distinctiveness

How strongly a name works as a brand rather than a description.

Choosing a name

Examining attorney

The USPTO lawyer who reviews your application.

Filing

Generic term

The common name for the thing itself. Never registrable.

Choosing a name

Goods and services description

The exact wording of what you sell. It defines your rights.

Filing

Intent to use

Filing before you have started selling, to reserve your place.

Filing

Likelihood of confusion

The most common reason applications are refused.

Refusals and deadlines

Madrid Protocol

A treaty for extending your mark to other countries.

After registration

Notice of Allowance

Your intent-to-use mark cleared, but is not registered yet.

Filing

Office Action

An official letter refusing or questioning your application.

Refusals and deadlines

Official Gazette

The USPTO's weekly publication where marks appear for opposition.

Filing

Opposition

A formal challenge to your mark before it registers.

Filing

Principal Register

The main register, with the strongest rights.

Filing

Priority date

Your place in the queue against later filers.

Filing

Registration symbol

The R in a circle. Only for registered marks.

After registration

Section 15 declaration

Optional filing that makes your registration much harder to attack.

After registration

Section 2(d) refusal

Refused because of an existing similar mark.

Refusals and deadlines

Section 8 declaration

Proof you are still using the mark, or it gets cancelled.

After registration

Specimen

Real-world evidence of the mark being used in commerce.

Filing

Supplemental Register

A secondary register for marks not yet distinctive enough.

Refusals and deadlines

Suspension letter

Your application is paused pending something else.

Refusals and deadlines

TEAS

The USPTO's online filing system for trademarks.

Filing

Trade dress

The look and feel of a product or place, not the name.

Choosing a name

Trademark

Anything that identifies the source of your goods or services.

Choosing a name

Trademark squatting

Someone registering your brand before you do.

After registration

TSDR

Where you check the live status of any US application.

After registration

TTAB

The tribunal that hears oppositions and cancellations.

Filing

Use in commerce

Real sales or services across state or national lines.

Filing
Before you go

See where your name is already taken

Reading about trademarks is useful. Knowing who already uses your name is better, and it costs nothing.

What you get

  • Live domain registrations, every common ending
  • Public social handles across the major platforms
  • A written report that says plainly what it does not cover
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  • Domains checkedThe .com and the near misses
  • Handles checkedSame name, every platform
  • Written reportYours to keep either way
  • About a minuteNo card, no obligation