Filing an Insurance Extension When Filing a 1(b) Trademark Application Statement of Use Why Can This Be Important?
Frequently Asked Questions About Statements of Use (SOU) What does ‘Allowed for Registration - What does ‘Approved For Pub - What does ‘Notice of publication’ mean? This means the final review prior to publication has been completed and the application will be published for opposition (but this is not the publication date). What does ‘Published for opposition’ mean? Under U.S. Trademark law, 15 U.S.C. §1062(a), a trademark or service mark must be published for opposition before it can be registered on the Principal Register. This Publication and [short] time period (30 days) give someone who may be harmed by a registration of a federal trademark a way to oppose (or object to) the registration. Not just anyone can object/oppose, only any person or entity who believes that he/she/it would be damaged by the registration of the mark and can prove both Standing and Grounds. What does ‘New Application Entered In Tram’ mean? This means that the USPTO has accepted the new application and has put it into TRAM, the USPTO database. What is TRAM? The Trademark Reporting and Monitoring (“TRAM”) System. For applications filed through TEAS, the data provided by the applicant is loaded directly into the USPTO’s automated TRAM System. For applications filed on paper, the application documents are scanned into the Trademark Image Capture and Retrieval System (“TICRS”), and the data is manually entered into TRAM. TRAM is used by USPTO employees to obtain information about the location and status, prosecution history, ownership, and correspondence address for applications and registrations. This information is available to the public through the Trademark Status and Document Retrieval System (“TSDR”) database, available on the USPTO’s website at http://tsdr.uspto.gov. What does ‘Allowed for Registration - What is a ‘NOA Mailed - What does ‘Statement Of Use Processing Complete’ mean? This means that changes have been made to the trademark record to show that the SOU has been received but not yet approved.
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PROTECTING YOURSELF MEANS GETTING THE RIGHT HELP: At the end of the day, a trademark owner is responsible for protecting their own rights. A owner must claim and enforce their rights in order to receive the benefits. Not Just Patents® Legal Services is the right help. Our success rate with registering trademarks is very good and our costs are not high which can turn out to be a great investment. Our success rate with answering office actions is also very good but unfortunately, many refusals given to junior users for Likelihood of Confusion stick because the junior user really is jeopardizing the success of someone else who used the trademark first and registered their trademark first. But not always. Sometimes the one who registered first was not the first to use the trademark and enforcing rights requires going further and opposing or cancelling the trademark of the owner who registered first or getting a consent agreement worked out. We can help with this too. BUT WHAT IF THE FILING SERVICE I FOUND DIDN’T DO A GOOD JOB ON YOUR TRADEMARK REGISTRATION? A bad application or no registration or even Supplemental Registration means less rights and rights that are harder to enforce. But more expensive doesn’t necessary mean more rights, a Not Just Patents ® Federal Registration of a Trademark is NOT expensive. We often overcome refusals on applications that were filed by business owners themselves or filed by a filing service. From what we hear, some firms have cheap application fees but charge a lot to overcome refusals that they may have helped cause. A lawyer that lists trademarks as one of many, many services that they provide may be just as bad as a service that doesn’t use any lawyers/experts at all and disclaims that their service does not replace competent advice. Call us in the U.S. at 1- Why Pursue a Federal USPTO Trademark Registration? Why Aren’t Common Law Rights Good Enough? There are many statutory advantages of Federal Registration for trademarks on the Principal Register above and beyond those provided by common law including:
A few of these advantages apply for marks on the Supplemental Register as well. See Comparison of Principal Register with Supplemental Register for more information. |
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TMk® Email W@TMK.law best or call 1- For more information from Not Just Patents, see our other pages and sites: |
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Are You a Content Provider- |
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Trademark Register FAQ Definition: Clearance Search teas plus vs teas standard approved for pub - |
Amend to Supplemental Register? |
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ID of Goods and Services see also Headings (list) of International Trademark Classes How to search ID Manual |
How to TESS trademark search- |
Likelihood of confusion- |
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Published for Opposition What is Discoverable in a TTAB Proceeding Affirmative Defenses |
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What is the Difference between Principal & Supplemental Register? |
What is a Family of Marks? What If Someone Files An Opposition Against My Trademark? Statutory Cause of Action (aka Standing) |
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