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Your privacy is important to Trademark Lawyer Law Firm, PLLC (or "the Firm"). This privacy policy is intended both to: 1) describe how this website may collect and use information from your Internet enabled device (i.e. your computer, tablet, smartphone or other device — and browsers or apps used to access the Internet), and 2) describe how you may opt out of any such collection and use. Please contact the Firm if you have questions about this privacy policy.
Data collection and cookies. Features or partners of this website may collect data including, but not limited to: the number of visitors to the site, the time spent on the site and pages clicked, the types of devices used to access the site, and the Internet Protocol (IP) addresses of visitors. The Firm uses this information to improve this website and the Firm's marketing efforts. This data is collected by sending cookies (or similar tracking technology) to your device. Information such as your name or email address generally is not collected via these cookies and other tracking technology; if you previously provided such personally identifiable information through this website, however, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties; and this privacy policy does not cover third parties’ use of cookies. You may configure your device to limit or prevent access by cookies, such as to notify you when you receive a cookie, to block all cookies, or to delete existing cookies.
Partners and features that collect information. The Firm's website marketing partners or features that collect data as described above may include, among others, Google Analytics, other analytics programs, and Google AdWords remarketing service. Remarketing involves tracking devices that have visited this website in order to display ads for the Firm's services on other websites. Use these links to learn how Google uses data it collects, to prevent Google Analytics from using data from your device, or to opt out of Google’s interest-based ads.
Information you send to the Firm through this website. Please see this disclaimer, which generally addresses information you intentionally send the Firm using e-mail or any contact form on this website. If you submit your name or contact information, the Firm may use it to send you information about the Firm's services. You may opt out of receiving further information by contacting the Firm or, where applicable, by using an “unsubscribe” option included in communications from the Firm. The Firm will not sell or give your personally identifying information to other parties for their own direct advertising purposes.
Changes to this policy. The Firm may update this policy. If updates are made, the Firm will change the modification date below.
Last modified. July 19, 2021
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.
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