Hi, I’m Jason Rosenblum, an Intellectual Property Attorney. My goal as a counsellor and advisor in this regard is to build long-term, trust-based relationships with my clients, and to help protect what they create and innovate.
In an earlier video I discussed the expected timeline when filing a trademark application. There I mentioned that in a subsequent video I would go into detail about some of the specific steps that occur after the initial filing. One such event is Publication of the application.
A Notice of Publication will be sent out by the US Patent & Trademark Office ("USPTO") once an application has been cleared of any objections or arguments as found by an Examining Attorney. The notice will advertise the date of publication which will allow thirty days for any third party to oppose the proposed registration.
A third party may oppose your registration for a number of reasons including:
● Priority user of the same or similar trademark ● Likelihood of confusion with the opposer trademark ● Descriptive of the goods or services ● Generic of the goods or services
If no party files an opposition or extension of time to oppose within the given thirty days of the publication date, the application then moves on either to Registration or to receive a Notice of Allowance (NOA) depending on whether the initial application was filed as “Use-Based” or “Intent-to-Use”.
If an opposition is filed it essentially begins a mini litigation before the Trademark Trial and Appeal Board. The response must be handled on a case-by-case basis and the ultimate goal is always to succeed in moving through to Registration.
If you are interested in learning more, or if you have any questions, do not hesitate to contact us.
Stay tuned for our next tip on how to avoid making major legal mistakes in your business.
About The Law Office of Jason H. Rosenblum, PLLC: We protect our clients’ products, brands, and businesses from being ripped off, so they can focus on their skills, creativity, and business, ultimately make more money. We do this by helping our clients ID their IP – Intellectual Property.
See our reviews, book a call or get your free book here: https://linktr.ee/jhrlegal DISCLAIMER: The information contained in this video is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.
