Name the Statutory Bar
This clause would prevent the color yellow from being protected for use on lemon-scented products.
Functional Marks
The frequency for federal trademark registration renewal.
10 years
This test is used in the 9th Circuit to determine whether there is trademark infringement.
The Sleekcraft Test
This type of confusion occurs before the point of sale.
Initial Interest Confusion
This clause would prohibit the use of the mark "Vison Center" for a store that sells eyeglasses and tests eyesight.
Merely Descriptive Marks (without secondary meaning)
The name of the procedure in the USPTO for third party challenges to trademark applications.
Opposition
This test is used in the 2nd Circuit to determine whether there is trademark infrignement.
The Polaroid Test
This confusion theory is the most common theory that the infringement test applies to.
Point-of-Sale Confusion
This clause was at issue in the Tam case for a band called "Slants."
Disparaging Marks
This type of preparation should be conducted prior to filing a trademark application with the USPTO.
Conduct a trademark search
The "trilogy" test for measuring the similarity of marks when analyzing likelihood of confusion.
The Sight, Sound, Meaning Test
One of the main concerns/harms of initial interest confusion to the consumer, other than consumer confusion.
Wastes the consumers time
This clause would prohibit the use of the mark "Lebron James Apparel" without consent.
The Names Clause - The name, portrait or signature identifying a particular living individual unless that individual provides written consent.
This federal application filing basis would be best used for a client who uses its trademark in the Western U.S.
Section 1(a) Actual Use
The two ways to determine the strength of the mark.
Inherent Distinctiveness and Market Strength
This confusion theory applies where a larger junior user drowns out a smaller senior user.
Reverse Confusion
This clause would prohibit a company based in Los Angeles from using the mark "Tuscan Wine & Spirits" when they source their products from California wineries.
False Indication of Geographic Origin (under the umbrella of deception).
As part of the 1(a) Actual Use and 1(b) Intent to Use applications, the following must be submitted as part of the application.
Specimen of Use
This type of evidence is useful in demonstrating the existence of actual consumer confusion.
Survey Evidence
This confusion theory would apply to a company who manufacturers and sells car kits that make a car look like a Ferrari.
Post-Sale Confusion