Trademark Terms

Here’s a glossary of trademark terms you need to understand to make sense of fighting frivolous trademarks. See all other posts regarding trademarks here.

Attorney Advisor
At USPTO, each Letter of Protest is reviewed by an Attorney Advisor to be accepted or denied. If accepted, the LOP will be forwarded to the Examining Attorney for review. See more at Trademark Terms.
Each Letter of Protest must be supported with evidence that meets USPTO's strict guidelines. These guidelines may be different, depending on the basis of the protest. See more at Trademark Terms.
Examining Attorney
USPTO has around 600 Examining Attorneys (EAs) who examine incoming trademark and patent applications. The EA must review the applicant's paperwork in accordance with TMEP (USPTO's Trademark Manual of Examining Procedures). See more at Trademark Terms.
Failure to Function
When a "trademark" term is not likely to be perceived by the purchasing public as the producer or source of the product, USPTO says the term "fails to function as a source indicator."  See more at Trademark Terms.
Fake Specimen
Mock-up product photos are not allowed on trademark applications (for proof of use in commerce). Read about how to report a mock-up specimen here. See also Trademark Terms.
Frivolous Trademark
Potentially overreaching trademark applications or registrations used to initiate frivolous claims of infringement. See also Trademark Terms.
An Attorney Advisor with over 20 years experience at USPTO. Morgan's contact. See more about Joe in this post. See also Trademark Terms.