Dołączył: 11 Kwi 2011
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|Wysłany: Pon 15:12, 23 Maj 2011 Temat postu: Discount Sunglasses Outlet A Quick Trademark Proce
The Section 8 & 15 Declaration (Declaration of Continued Use and Incontestability) must be
Federal Trademark Law
Hiring a Trademark Lawyer
Copyright Registration Made Easy
Trademark Opposition Period
After the attorney receives the search results,[link widoczny dla zalogowanych], he would report the search result to the client (known as the Applicant after a trademark application is filed), and the client would then decide whether she wants to file a trademark application or not based on this report. The trademark application may be filed in the USPTO as either an Intent-to-Use (“ITU”) application or a “Use in Commerce” application.
A prudent person who is considering filing a trademark application for his business should at least conduct a trademark search with the U.S. Trademark Office or hire an attorney to conduct a full search. If he decides to go with an attorney, the attorney would do a trademark search either by searching the USPTO records (known as a “knock-out” search) or ordering a full-search through a searching company. A full search can be very expensive but would be the most accurate option for doing a trademark search.
Section 8 & 15 Filing
The Applicant has six months to respond to the Office Action. After the Applicant responds to the action, and the examiner accepts the argument,[link widoczny dla zalogowanych], the trademark application will then be published for public inspection for a period of three months. This is also known as the Trademark Opposition period. If no one opposes the application…
Trademark Prosecution Process
a. ITU application – a Notice of Allowance will issue and the Applicant will need to file the Statement of Use (SOU) and a specimen/sample of use for the trademark to issue. This will need to be done within six months. If the Applicant is not using the trademark yet, he may file a Request for Extension of Time to File the Statement of Use every six months from the date of the Notice of Allowance. He may file up to five extension requests (a total of 36 months),[link widoczny dla zalogowanych], but no extensions will be accepted after the fifth extension request.
The Trademark Search Process
b. Actual Use – if the trademark application passes the Opposition period, the Certificate of Registration will issue.
After filing the trademark application,[link widoczny dla zalogowanych], the USPTO assigns an examiner to the application who will then examine the trademark application. It may take a few months before the application is examined. The examiner then issues an Office Action on the application. Office actions are rejections to trademark (or patent) applications that are issued by the USPTO examiner and will need to be addressed in order for a trademark (or patent) to be registered.
If the Applicant decides to file a “Use in Commerce” trademark application, he will need to submit a specimen/sample of use with the trademark application. An acceptable specimen of use for a trademark may be photos of product packaging or labels and websites that contains the logo or slogan where one may purchase the product. For service marks, acceptable specimens of use may be advertisements such as brochures, yellow book ads or websites.
The trademark process, from the pre-application stage through post-application can be a little confusing. Knowing what to expect when considering filing a trademark application for your business can lessen the confusion and anxiety for many.
The Use in Commerce Trademark Application
After filing the trademark application, the Applicant will also have the option of filing any foreign applications claiming priority to the U.S. application within six months of the U.S. filing date.
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