Tactical Strategy
Practical, data-driven guidance for trademark practitioners — what works and what doesn't. View all articles →
- The Cannabis Trademark Race: What the 2018 Farm Bill Tells Us About Schedule III
With cannabis rescheduling to Schedule III on the horizon, most of the industry conversation has focused on the 280E tax burden.
Apr 17, 2026 - Concurrent Use Office Action: What Works and What Doesn't
The examiner has found a likelihood of confusion under Section 2(d), but the underlying facts involve marks that have been or are currently used concurrently in the marketplace.
Apr 8, 2026 - Related Goods Office Action: What Works and What Doesn't
The examiner has concluded that although your goods or services may be in a different Nice class than the cited registration, they are sufficiently related that consumers would assume a common source.
Apr 8, 2026 - Foreign Equivalents Office Action: What Works and What Doesn't
The examiner has applied the doctrine of foreign equivalents, treating a foreign word in your mark as its English translation and finding a likelihood of confusion with an existing registration.
Apr 8, 2026 - Identical Marks Office Action: What Works and What Doesn't
The examiner has concluded that your mark is identical (or virtually identical) to a previously registered mark and that the goods or services are related enough to create a likelihood of confusion.
Apr 8, 2026 - Specimen Office Action: What Works and What Doesn't
The examiner has concluded that the specimen you submitted does not show the mark in use in commerce in connection with the identified goods or services.
Apr 7, 2026 - Geographic Descriptiveness Office Action: What Works and What Doesn't
The examiner has concluded that your mark is "primarily geographically descriptive" under 15 U.S.C. 1052(e)(2).
Apr 7, 2026 - Disclaimer Office Action: What Works and What Doesn't
The examiner has concluded that your mark contains an unregistrable component -- generic, merely descriptive, or laudatory matter -- that must be disclaimed under TMEP 1213.
Apr 7, 2026 - Descriptiveness Office Action: What Works and What Doesn't
The examiner has concluded that your mark merely describes an ingredient, quality, characteristic, function, feature, purpose, or use of your goods or services under 15 U.S.C. 1052(e)(1).
Apr 7, 2026 - Identification of Goods/Services Office Action: What Works and What Doesn't
The examiner has concluded that your identification of goods or services is indefinite, too broad, or does not conform to 37 C.F.R. 2.32(a)(6) and the ID Manual.
Apr 7, 2026 - Section 2(d) Office Action: What Works and What Doesn't
The examiner has concluded that your mark so resembles a previously registered mark that it is likely to cause confusion under 15 U.S.C. 1052(d).
Apr 7, 2026 - Cease and Desist Trademark Letters: How to Send and Respond
A cease and desist trademark letter is one of the most common — and most misunderstood — tools in brand enforcement.
Feb 28, 2026 - Common Descriptiveness Refusals: How to Overcome Them
You opened an office action from the USPTO and the examining attorney says your mark is "merely descriptive." You are not alone.
Feb 14, 2026 - Trademark Specimens & Drawings: What Gets Approved (and What Gets Rejected)
Nearly half of all trademark applications filed with the USPTO receive an Office Action.
Feb 10, 2026 - Best Trademark Search & Monitoring Tools in 2026: An Honest Comparison
If you're a trademark attorney or brand manager, you've probably spent more time than you'd like to admit toggling between USPTO Trademark Search tabs and TSDR status pages. You're not alone.
Feb 6, 2026 - How to Respond to a Section 2(d) Office Action: A Data-Driven Guide
You just opened an Office Action. The examiner cited Section 2(d). Your client's application is refused based on "likelihood of confusion" with a prior registered mark.
Feb 6, 2026 - How Attorneys Beat Section 2(d) Refusals: 101 Arguments Analyzed - Success Rates Revealed
Section 2(d) likelihood of confusion refusals can feel like hitting a brick wall.
Feb 4, 2026 - TMEP: Office Action Response Strategies That Work
Roughly one in four trademark applications receives an office action from the USPTO, and the overall registration success rate sits at about 57%.
Feb 2, 2026 - The Supplemental Register Paradox: Why 95% Effective Strategies Go Unused
Here's what shouldn't surprise you: trademark practitioners love to fight. What should surprise you is how often fighting is the wrong strategy.
Jan 28, 2026 - What Worked in 142 Section 2(d) Cases: Examiner Language and Winning Responses
The obvious stuff—"goods coexistence works," "mark distinction helps"—isn't particularly useful. Every trademark attorney knows those categories exist.
Jan 24, 2026 - Intent-to-Use vs. Use-Based Filings: Choosing the Right Application Type
Selecting the right filing basis for your trademark application is one of the most strategic decisions you'll make.
Nov 10, 2025 - Specimen Selection and TTAB Proceedings: Building a Solid Foundation for Your Mark
In trademark practice, an acceptable specimen isn't just a formality — it's a critical piece of evidence.
Oct 27, 2025 - Selecting TTAB Counsel: Finding the Right Fit for Your Brand
Choosing counsel for TTAB matters is a high‑stakes decision.
Oct 20, 2025 - Strategic Trademark Class Selection and Portfolio Building
Filing a trademark application is not just about a single word or logo -- it is about building a portfolio that protects every facet of your brand.
Sep 1, 2025