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(A) Application for Registration
The registration process is initiated by
filing an application with the Patent and Trademark Office.
Registration on the Principal Federal Register provides
nation-wide notice of your ownership of the mark, preventing
competitors from later accruing ownership rights. Registration
provides many important benefits, such as prima facie evidence
of your ownership of the mark and the validity of the mark.
Registration also allows the Registrant to sue in Federal
Court to enforce your mark, and establishes your priority in
foreign countries, most of whom grant rights based on
first-to-file.
(B) Trademark Prosecution
Approximately 3-6 months after filing the
application, you will receive an application number and filing
date. Approximately five months after filing, the application
will be examined by an attorney at the PTO and will either be
accepted or rejected. There are multiple grounds for refusal,
many of which can be overcome by argument or amendment. This
prosecution stage may give rise to additional legal fees.
If you filed an "Intent to Use"
application, you also must file proof of your use in commerce
within 6 months following the receipt of a Notice of Allowance
(although some extensions are available for a fee). The
government requires a $100 filing fee with this filing.
(C) Trademark Maintenance
In order to maintain your Federal Trademark
Registration, it must be renewed every ten (10) years. In
addition, a one time affidavit of use must
be filed after five years (and within six years) after the
original issue date (under Section 8). You can file to have the mark made
"incontestable" after five (5) years of continuous
use in commerce (under section 15). The section 8 and 15
filing are generally made at the same time for economy.
Other
Notes >>
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