Tactical Strategy

Practical, data-driven guidance for trademark practitioners — what works and what doesn't. View all articles →

• How the Las Vegas Jacks Locked Down Their Name a Year Before Anyone Complained

  Jerry Colangelo's Las Vegas NBA bid trademarked both team-name variants a full year before going public. Here's what founders can learn from the paperwork.

  Oct 12, 2026
• Fighting Back, Part 2: The Best Argument Against a Cited Mark Is Often No Argument at All

  When the Trademark Office cites another brand against yours, the winning move often isn't proving they're wrong — it's changing the facts. A look at what actually clears a Section 2(d) refusal.

  Sep 30, 2026
• 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
• 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
• 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
• 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
• 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
• 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
• 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 and Drawings: What the USPTO Accepts and Why It Refuses

  A plain-English guide to what the USPTO accepts as a specimen (proof your mark is in use) and as a drawing (the picture of the mark you are registering), why each gets refused, and how to respond. Built on 37 CFR 2.51 to 2.59 and the May 2026 TMEP.

  Feb 10, 2026
• How to Respond to a Section 2(d) Office Action: A Step-by-Step 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
• 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 Overcome a Section 2(d) Likelihood-of-Confusion Refusal

  Section 2(d) likelihood of confusion refusals can feel like hitting a brick wall.

  Feb 4, 2026
• TMEP: Office Action Response Strategies That Work

  How to answer three refusals applicants commonly face (Section 2(d), descriptiveness and specimens) using the TMEP, with deadlines, response tactics and the domicile rules that can trip up a response.

  Feb 2, 2026
• The Supplemental Register and Other Structural Fixes for Office Actions

  Here's what shouldn't surprise you: trademark practitioners love to fight. Sometimes, fighting is the wrong strategy.

  Jan 28, 2026
• What Worked Against Section 2(d) Refusals: 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