Frivolous trademarks give trademark bullies an unfair advantage. Learn how to stop them for free using USPTO’s Letter of Protest system.
If you own a small business of any kind, due diligence requires that you learn how to fight questionable trademarks.
Protect our free market economy! Trademark trolls use questionable trademarks and trademark overreach to chill competition in the marketplace, as members from each of these communities can testify:
Amazon FBA Sellers
Merch By Amazon Sellers
Etsy Store Owners
Online Boutique Owners
Bloggers
Brick and Mortar Stores
Restaurants
The United States Patent and Trademark Office (USPTO) provides a free way to fight potentially-frivolous trademark applications. I’ve spent over a year on this project:
learning how to research and provide evidence;
tweaking my system; and,
getting my questions answered from USPTO’s helpful staff.
I’ve talked to the same Attorney Advisor for hours (over many months of phone calls). He was uber patient, explaining and re-explaining this stuff to me.
It’s not that this stuff is hard. It’s that he couldn’t allow me to record our calls. That meant I often needed clarification after rereading all the “legalese” on the USPTO site. This section of my site is dedicated to sharing what I’ve learned. My goal is to put it in simple terms anyone can understand.
(PS None of this is endorsed by USPTO. I’m not an attorney. And you’re not my client. This is simply me trying to help you, ‘kay? Because questionable trademarks hurt everyone in the long run.)
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Here’s my copy of USPTO’s supplemental trademark examination guide: Examination Guide 2-17 Merely Informational Matter July 2017.
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In this post, you’ll learn why a homeschool mom of six got involved in the fight against questionable trademarks. Stopping them will take more than protests.
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There are three main sources of questionable trademarks: trademark trolls, victimized competitors, and misinformed creatives.
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This series examines why so many bad trademarks are registered, how it affects the print-on-demand industry, and what you can do to help.
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This post offers a strategy that expands on USPTO’s efforts to curb questionable trademarks in the print-on-demand industry.
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Last updated on June 10th, 2020 What’s behind the rise in trademark applications? Some blame China, but I think there’s more to it. And why and how are so many questionable trademarks registered? At the heart of it, trademarks should protect consumers from counterfeit products; instead, trademark trolling and questionable trademarks limit competition and innovation. … Read more
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Last updated on June 10th, 2020 “Make America Grateful Again” is a registered trademark for hats and T-shirts (SN87587829). As if a typical consumer seeing products bearing this “mark” (decorating shirts in large print across the center of the chest) would be gullible enough to think it’s a “brand” and not a satirical political slogan. … Read more
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It’s time for Merch and Etsy sellers to own the mess caused by questionable trademarks. Building a real business comes with real responsibilities.
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Last updated on June 9th, 2020 Here’s a sickening tale of how one “IP entrepreneur” shamelessly used his “stealth” trademark as a cash cow until the Seventh Circuit Court stopped him. In a nutshell, the owner of the STEALTH trademark sued anyone under the sun for the rights to use the term on their products, … Read more
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Frivolous trademarks are applications or registrations which may be used to control the use of phrases and bully the competition.