Thursday, November 29, 2007

Trademark Information

TRADEMARK INFORMATION:
After the USPTO (WWW.USPTO.GOV) determines that you have met the minimum filing requirements, an application serial number is assigned and the application is forwarded to an examining attorney. This may take a number of months. The examining attorney reviews the application to determine whether it complies with all applicable rules and statutes, and includes all required fees. A complete review includes a search for conflicting marks, and an examination of the written application , the drawing , and any specimen .
If the examining attorney decides that a mark should not be registered, the examining attorney will issue a letter (Office action ) explaining any substantive reasons for refusal , and any technical or procedural deficiencies in the application. If only minor corrections are required, the examining attorney may contact the applicant by telephone or e-mail (if the applicant has authorized communication by e-mail). If the examining attorney sends an Office action, the applicant's response to the Office action must be received in the Office within six months of the mailing date of the Office action, or the application will be declared abandoned.
If the applicant's response does not overcome all objections, the examining attorney will issue a final refusal . To attempt to overcome a final refusal, the applicant may, for an additional fee, appeal to the Trademark Trial and Appeal Board (TTAB) , an administrative tribunal within the USPTO.
If the examining attorney raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication in the Official Gazette, a weekly publication of the USPTO.
The USPTO will send a Notice Of Publication to the applicant stating the date of publication. After the mark is published in the Official Gazette, any party who believes it may be damaged by registration of the mark has thirty (30) days from the publication date to file either an opposition to registration or a request to extend the time to oppose. An opposition is similar to a proceeding in a federal court, but is held before the TTAB. If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process. A Certificate of Registration will issue for applications based on use, on a foreign registration under Section 44 of the Trademark Act, or an extension of protection of an international registration to the United States under Section 66(a). A Notice of Allowance will issue for intent-to-use applications.
If the mark is published based upon the actual use of the mark in commerce, or on a foreign registration, and no party files an opposition or request to extend the time to oppose, the USPTO will normally register the mark and issue a registration certificate about twelve (12) weeks after the date the mark was published.
If the mark is published based upon the applicant's bona fide intention to use the mark in commerce and no party files either an opposition or request to extend the time to oppose, the USPTO will issue a Notice Of Allowance about twelve (12) weeks after the date the mark was published. The applicant then has six (6) months from the date of the Notice of Allowance to either: (1) Use the mark in commerce and submit a Statement of Use; or (2) Request a six-month Extension of Time to File a Statement of Use.

For more Trademark Information and help in preparing and filing trademark registration applications contact: WWW.GAPENTS.COM

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