The ® symbol

The alert reader will have already noticed today’s change to the banner above.  The banner now contains the ® symbol next to the words “Ant-like Persistence”.  The banner also contains a photograph (taken by yours truly) that shows some of the mountains nearby to our office in Summit County, Colorado.

The excitement this past week was that the USPTO granted a trademark registration for “Ant-like Persistence”.  You can see the registration certificate and the TSDR page.

I launched this blog in February 2014.  It was May 3, 2014 when it came to me to adopt the name “Ant-like Persistence”.  Two days later I realized I ought to file a trademark application.  I filed it as a use-based TEAS-Plus.  Three and a half months later an Examining Attorney picked up the case and immediately approved it for publication.

Forty days passed and the USPTO published the application for opposition.  (Why, by the way, does this take forty days?  Seems to me there must be some opportunity to squeeze some unnecessary delays from that time period.)  The opposition period ended, and six weeks later USPTO granted the registration.  (Why, by the way, does this take six weeks?  Seems to me there must likewise be some opportunity to squeeze some unnecessary delays from that time period.)

9 Replies to “The ® symbol”

  1. Congrat’s.
    Perhaps some of the delay is actually doubling checking on things? I.e., despite the errors one may see, it’s impressive that things work reasonably well. Perhaps 40 days was “Darkstar” desparately looking for a reason to pull it from publication, trying for example to find a rationale to substitute ‘termite’ for ‘ant.’


    1. Thank you for posting. Yes I am aware that USPTO carries out some quality review during the interval between the approval for publication and the publication itself. But it seems to me it should not require forty days.

  2. Does this mean that the next time a blogger complains about another idiotic patent grant like the fur-lined keyhole and says, “Learned Hand had it right when he said that the ant-like persistence of the patent solicitor will always win out over common sense,” you will send the blogger a cease-and-desist letter defending your mark?

    1. Thank you for your comment. On the set of facts given, it sounds like the blogger would not be using “ant-like persistence” as an indicator of the origin of the blogging services. That is to say, it would not be trademark use. As such, there would be no need for a cease-and-desist letter.

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