Registering Your Trademark In The Us

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Registering your trademark in the U.S. GISELLE AYALA – LEGAL FOCUS GISELLE AYALA - LEGAL FOCUS 1 Filing ã Fee Examination Publication ã Verified Statement ã…
Registering your trademark in the U.S. GISELLE AYALA – LEGAL FOCUS GISELLE AYALA - LEGAL FOCUS 1 Filing • Fee Examination Publication • Verified Statement • Passed to the • Official Gazette of • Specimens of the examiner in charge the PTO mark • Preliminary review Overview of the process Opposition? REGISTRATION • Any person • No? GISELLE AYALA - LEGAL FOCUS 2 1. FILING GISELLE AYALA - LEGAL FOCUS 3 Trademarks may NOT Contain marks Contain immoral, deceptive, Contain flags, which resemble scandalous, misleading national symbols other marks words or signs… or insignias. already registered. FILING YOUR TRADEMARK APPLICANTION GISELLE AYALA - LEGAL FOCUS 4 Descriptive Generic THE USPTO MAY NOT REGISTER TRADEMARKS THAT ARE Functional for a product or service GISELLE AYALA - LEGAL FOCUS 5 What shall the application include? 1. The specification of the applicant’s domicile and citizenship. 2. The date of the applicant’s first use of the mark in commerce. Information 3. The goods in connection with which the mark is used. 4. A drawing of the mark. you must What shall the verified statement contain? provide when 1. The verification believes that she or the juristic person in whose filling your behalf she makes the verification, is the owner of the mark to be registered. application 2. To the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form or in such near resemblance as to cause confusion, or to cause mistake, or to deceive. GISELLE AYALA - LEGAL FOCUS 6 Advertising and marketing materials are generally unacceptable specimens for goods. And the What is use in Product mark? It must be commerce? displayed • Sold or shipped • On the product itself AS OF THE • Within the United States • On external materials such APPLICATION • In the ordinary course of trade packaging, tags and labels. • On a point-of-sale or FILING DATE! brochure. GISELLE AYALA - LEGAL FOCUS 7 And the Services mark? It What is use in must be displayed commerce? • Provided In advertising and marketing AS OF THE • Within the United States materials displaying the mark • In the ordinary course of trade and referencing the services APPLICATION identified in the application FILING DATE! GISELLE AYALA - LEGAL FOCUS 8  The USPTO expects from the applicant to show current examples of how the mark is used in the sale of the specific products and/or services identified in the trademark application. Services Goods What are specimens? GISELLE AYALA - LEGAL FOCUS 9 What happens To get an earlier The USPTO will filing date even not use later-filed if you cannot File an intent to though you applications for use application haven’t launched similar marks to prove use in the product or block your commerce? made any sales application. GISELLE AYALA - LEGAL FOCUS 10 2. EXAMINATION GISELLE AYALA - LEGAL FOCUS 11 Once filed, the Appears it would be entitled to It appears the applicant is found trademark registration? not entitled to registration. application is assigned to an 6 moths to amend or Publication reply examiner GISELLE AYALA - LEGAL FOCUS 12 If the USPTO issues letter if the examining attorney finds grounds for refusing to register your trademark. No submission. Submit a timely and complete response. Abandonment. USPTO approves USPTO issues final letter (office action). If your trademark and END response does not overcome all refusals and/or publishes it for satisfy all requirements opposition. Appeal No appeal GISELLE AYALA - LEGAL FOCUS 13 USPTO issues final letter (office action). If your response does not overcome all refusals and/or satisfy all requirements Appeal No appeal USPTO approves REJECTED. Notice of trademark and Appeal with the END publishes it for Trademark Trial and opposition. Appeal Board (TTAB) GISELLE AYALA - LEGAL FOCUS 14 3. PUBLICATION GISELLE AYALA - LEGAL FOCUS 15 ONCE A TRADEMARK 3RD PARTIES A panel of HAVE 30 DAYS administrative APPLICATION TO MAKE judges review HAS BEEN OPPOSITIONS and decides. PUBLISHED GISELLE AYALA - LEGAL FOCUS 16 4. OPPOSITIONS GISELLE AYALA - LEGAL FOCUS 17 What happens if no USPTO issues oppositions Notice of Allowance (NOA) are filed? GISELLE AYALA - LEGAL FOCUS 18 What happens if no You must file a oppositions Statemen of Use are filed? GISELLE AYALA - LEGAL FOCUS 19 Without filing the What is a Statement of Use, your File through the Statement of trademark application Trademark Electronic cannot be finalized and Application System, Use? approved. GISELLE AYALA - LEGAL FOCUS 20 5. REGISTRATION GISELLE AYALA - LEGAL FOCUS 21 If the USPTO examining attorney does not find grounds for refusal, and your application meets all . legal requirements, your Statement of Use will be approved and your trademark will be registered! GISELLE AYALA - LEGAL FOCUS 22 FINAL THOUGHT . GISELLE AYALA - LEGAL FOCUS 23 You must periodically file maintenance documents and fees within specific time frames to keep the registration active. GISELLE AYALA - LEGAL FOCUS 24 THANKS FOR YOUR ATTENTION GISELLE AYALA - LEGAL FOCUS 25
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