June 9, 2025 TMtelegram Can you trademark a phrase everyone uses? Hello Reader, In a recent decision, the USPTO rejected Tinder’s applications to register “SWIPE LEFT” for its dating app and services. Why? Because “SWIPE LEFT” was found to be: ✅ Merely descriptive — It directly describes what users do in the app to reject a match.✅ Fails to function as a trademark — It’s a common phrase that conveys a familiar idea: rejection. Tinder submitted two consumer surveys trying to show people...

June 2, 2025 TMtelegram Hello Reader, When you apply for a trademark, one of the things the USPTO checks is whether your drawing matches how you actually use the mark. If it doesn’t—especially if you’ve carved out just a piece of the full brand name—you might get hit with a refusal for “mutilation.” Yes, that’s a real trademark term. And it just tripped up a pharmaceutical company. In In re Verrica Pharmaceuticals Inc., the company applied to register a stylized "V" with three dots above it,...

June 2, 2025 TMtelegram Hello Reader, Color trademarks can be powerful brand assets—but they’re not easy to register. A recent case involving dark green medical gloves shows just how high the bar is. Green Gloves In In re PT Medisafe Technologies, the company tried to register the color Pantone 3285 C (dark green) for chloroprene medical examination gloves. They claimed it functioned as a trademark for their brand. The USPTO refused registration, and the Federal Circuit agreed, calling the...