What happens if my trademark gets rejected?
If your trademark has been refused by the USPTO, you can still use it in the marketplace. However, if it was refused because the government considered it to be too similar to another mark, then it’s important to study the judgement carefully before continuing to use the trademark in commerce.
How do you overcome a trademark refusal?
4 Ways To Overcome A Likelihood Of Confusion Refusal
- Argue that the marks or goods are different.
- Consent Agreements – agree to coexist with a prior registrant/applicant.
- Argue the prior registration/application is weak.
- Collateral attack – a last resort.
Do I get a refund if my trademark is rejected?
Unfortunately the government fees for a trademark filing are never refundable. If your application is filed incorrectly (for the wrong goods, for the wrong trademark or in the wrong name) and you decide to “cancel” it, the Trademarks Office will not refund you the government fees that you paid.
Can you reapply for a trademark?
File petition to revive Applicants may electronically file through the Trademark Electronic Application System (TEAS) a petition to revive the abandoned application (return the application to active status) if the delay in responding the office action letter was unintentional.
How do you prove a trademark is used?
What is Proof of Use for Products? The USPTO accepts proof of use in the form of specimens. The specimens are submitted electronically with an in-use trademark application, the Statement of Use, or an Amendment to Allege Use. They must legibly display the trademark exactly as shown in your trademark application.
What do trademark examiners look for?
The job of a trademark examiner is thus to examine marks applied for to determine if they run afoul of any prohibitions on registration, such as infringing upon an existing registration of the same mark, or constituting the generic name of the goods with which the mark is associated.
How do I get a refund from a trademark?
Select “Request for Refund” from the document description menu. Refund requests must be filed as a follow-on submission. Select “Request for Refund” from the document description menu. Complete the Request for Refund form and fax to 571-273-6500.
Can you recover an abandoned trademark?
Request for Reinstatement If the abandonment resulted from an error by the USPTO, we will reinstate the application at no cost. A REQUEST FOR REINSTATEMENT MUST BE RECEIVED WITHIN TWO (2) MONTHS FROM THE ISSUE DATE OF THE NOTICE OF ABANDONMENT. A REQUEST FOR REINSTATEMENT THAT IS NOT TIMELY FILED WILL BE DENIED.
How do you enforce a trademark?
If the mark is registered with the United States Patent and Trademark Office (USPTO), you can file a lawsuit in federal court. If the mark is unregistered and the infringing mark is being used in the same state, your dispute may be resolved in state court.
What to do if your trademark registration is refused?
An experienced trademark registration lawyer will be able to help you understand your trademark registration grounds for refusal and can help you try to overcome the refusal, either by providing evidence of secondary meaning associated with your trademark, or through the appeals process.
What to do if tradtrademark is refused?
Trademark response filing, review petition and appealing to IPAB are all complex legal processes which require thorough documentation and legal expertise to complete the process and overcome the refusal.
Can a surname be trademarked?
If the trademark applicant can show that the surname trademark has developed secondary meaning by its association with the product or service it is used with, it could be possible to obtain a trademark registration after all. Many surnames have successfully been trademarked, including:
Can a trademark application be reviewed by the Registrar?
An application for review of decision issued by the Registrar is generally considered by the same officer who passed the impugned decision. The Registrar will dispose of the application after giving the parties an opportunity of hearing to allow the trademark to advertise in the Journal or still be REFUSED.