Menu
If you have filed a trademark application and received an office action from the United States Patent and Trademark Office (USPTO), our Michigan trademark office action lawyer can assist you. Office actions can be frustrating roadblocks on the path to filing for a trademark, but they can be overcome with the right legal assistance. Our lawyers will help you craft a response that is clear, precise, and correctly formatted in order to avoid refusal of your trademark. Prompt and thorough response to the office action is crucial, and obtaining a lawyer as early on in the process is important. To discuss your case with our lawyers, contact our team at Trademark Lawyer Law Firm today to schedule a consultation.
An office action is a letter sent by the USPTO that states an issue with your trademark application. An office action may be sent because of an error made in the application, a legal issue with the mark you are attempting to trademark, or for another eason. Importantly, an office action is not a denial of your trademark application. It is merely a notice of the issue, and it gives you an opportunity to fix the error and move forward with your application.
Office actions require uniquely tailored responses depending on your application and the contents of the office action. Whether it be through a written response or a phone call, our Michigan trademark office action attorney can assist you in ensuring that your response addresses the issue in as effective and thorough a manner as possible. Office actions often provide a six-month period for you to respond and fix the issue. If the response is not deemed adequate, you may be issued a final office action that gives you one final chance to respond and remedy the issue.
While office actions do not mark the death of your trademark application, ensuring that your response is as detailed and accurate as possible is crucial for the future of your application. Our MI trademark office action lawyer will make sure that your response is properly formatted and addresses every issue mentioned in the office action. Our law firm has helped clients register over 6,500 trademarks with the USPTO and have assisted many others with responding to office actions. We have the experience and knowledge necessary to give you the best chance of a successful trademark application.
If you have received an office action in response to a trademark application, acquiring legal representation as soon as possible is vital. Our team is prepared to help you craft a response and move forward with your application. By entrusting our experienced trademark office action lawyer with your response, you can rest assured that your application is in good hands. Do not hesitate to reach out. Contact the Trademark Lawyer Law Firm today to schedule a consultation and allow us to begin assisting you.
Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights.
A good example of this is disclaiming “café” if your services are for a café.
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry.
In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
Two dates must be specified in a trademark application:
Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade.
Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
Trademark Infringement Lawyer Michigan - Trademark Office Action Michigan - Copyright Lawyer Ann Arbor MI - Trademark Licensing Ann Arbor MI - Licensing Agreements Ann Arbor MI - International Trademark Michigan - Trademark Litigation Michigan - Copyright Lawyer Michigan - Licensing Agreements Michigan - Copyright Infringement Lawyer Michigan
© 2024 Trademark Lawyer Law Firm, PLLC New York City | Chicago | Miami Legal Disclaimer | Privacy Policy | Sitemap | Powered by Matador Solutions
