·20 min read
How to Respond to a Trademark Office Action: A Guide for Every Refusal Type
How to respond to USPTO trademark office actions — covering Section 2(d), 2(e)(1), specimen failures, and identification issues with deadlines.
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Analysis Articles
In-depth analysis of trademark law, legal strategy, and IP case studies
Claire Ashford
·23 min read
The DuPont Factors: How Courts Decide Likelihood of Confusion
Guide to the 13 DuPont factors courts use to assess trademark likelihood of confusion, with real case examples and examiner weighting patterns.
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·17 min read
Protecting Your Brand from Becoming Generic: Lessons from Aspirin to Xerox
How trademarks die by becoming generic — with cases from Aspirin to Google, the legal standard, policing obligations, and monitoring strategies.
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·16 min read
When to Negotiate a Coexistence Agreement Instead of Fighting
A practical guide to trademark coexistence agreements — when they beat litigation, key terms to negotiate, and real-world examples.
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·17 min read
Naked Licensing: The Silent Trademark Killer
How naked licensing destroys trademarks — covering landmark cases, the quality control requirement, franchise implications, and practical frameworks.
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·16 min read
Trade Dress Protection: Beyond Logos and Names
Guide to trade dress protection — the distinctiveness and non-functionality tests, famous examples from Coca-Cola to Louboutin, and registration strategies.
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·18 min read
TTAB Proceedings: The Complete Guide to Oppositions, Cancellations, and Appeals
Complete guide to TTAB proceedings — opposition and cancellation timelines, costs, success rates, settlement strategies, and trial procedures.
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·21 min read
Proving Acquired Distinctiveness: How to Build and Document Secondary Meaning
How to prove acquired distinctiveness for trademarks — the six types of evidence, Section 2(f) claims, the five-year shortcut, and real case studies.
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