How should a trademark applicant respond when notified by the U.S. Patent and Trademark Office that the mark has been refused registration?
An entrepreneurial client of Donatelle Law PLLC was in that very predicament.  The company’s mark was initially refused on a “likelihood of confusion” basis and the refusal came in the form of a comprehensive Office Action letter from the Trademark Examining Attorney.  The client had six months to file a response, but that task appeared daunting, indeed.
Some applicants might choose not to respond, losing their non-refundable $325 filing fee in the process.  However, this client wisely consulted with an attorney professional.  The company had too much at stake because the mark factored heavily in its marketing and expansion plans.
Federal trademark applicants can be denied on the basis of form and/or substance.  In some cases, applicants CAN overcome an initial refusal by timely responding to Office Action communications.  Sometimes, the Examining Attorney just needs additional information or guidance to help sort out the issues.
In this case, Donatelle Law PLLC filed a carefully crafted Response describing how the newly applied-for mark was distinguishable from a previously registered mark. Documentary evidence from the web supported the argument.
The effort paid off.  Six months later, the client is the proud recipient of a gold-stamped certificate of registration, achieving the benefit of federal trademark protection in a growing enterprise.

Donatelle Law proudly announces a $7575 judgment in favor of our client, a Plaintiff homeowner who sued his townhome Association in Dakota County to recover property losses sustained as a result of the Association’s failure to provide exterior maintenance.  Our client had sustained a significant amount of mold and water intrusion damage to the interior of his town home.  We represented our client in court and helped him build his case against the Association.  The decision, which came this December, was a wonderful Christmas present for our client!

Logo Tribute to Steve Jobs Ignites Copyright Controversy

After a logo image incorporating a profile of the late Apple CEO went viral on the Internet, a dispute erupted over who created it.  A Los Angeles graphic designer reportedly has filed for copyright registration of the image, claiming he created it in remembrance of Jobs upon hearing of his death.  The controversy illustrates how quickly a copyright dispute can erupt when posting creative works on the Internet.  Read more about it here.