Trademark Disclaimers: Understanding The Fundamentals
If part of a trademark is distinct but a different part is descriptive/generic, the applicant will need to provide a “Disclaimer” on the non-distinct aspect of the mark.
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If part of a trademark is distinct but a different part is descriptive/generic, the applicant will need to provide a “Disclaimer” on the non-distinct aspect of the mark.
Geographic trademarks may or may not be permissible depending on a number of considerations. This article will delve a bit deeper into the legal framework of Geographic Trademarks and when/how they may be permissible.
A trademark can last forever, as long as the mark is used in commerce but if a trademark holder no longer uses the trademark, or fails to enforce his/her trademark rights, he may lose his trademark rights.
The total time for a Trademark Application to be processed, from beginning to end, should hopefully not take more than a year. BUT trademark rights are retroactive to the date of the filing. File as soon as possible!
Fundamentally, Dividing a trademark application removes, but does not eliminate, the designated portion of the application and assigns it to an entirely new trademark application.