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| Fiscal Conservative Name: RG Last Online: 10-31-2009 01:56 AM iTrader: (13) Join Date: Aug 2006
Posts: 5,874
DNF$: 20,092 Location: California
Country: | TM Filing Question This might be slam dunk question for you guys, I have a domain that has been dead since I got it, its generic, Something like sortfiles,com (not the name) I looked in TESS and found a TM for sortfiles, the G&S was "File Sorting", but the TM's is dead....I know what John said about a Dogs license expiring, still makes him a dog, My questions is, can I file for a TM on this name for the same Goods and Services "File Sorting" since the other is expired? |
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| DNF Addict Last Online: 09-23-2008 04:35 PM iTrader: (2) Join Date: Oct 2002
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DNF$: 4,835 Location: Columbia, MD | Quote:
Are you actively using the name in the domain in a commercial capacity to acquire TM status? You also have the option of "intent to use". But either way, you jsut don't fill in paperwork and send money then boom, you have a TM. TMs are earned through commercial usage. Then you file your earned TM to get a registered mark from the governmant
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| | #3 (permalink) | ||
| Philadelphia Lawyer | Quote:
This OP is no exception. Are you talking about an mark that was once registered, or are you talking about an abandoned application? Quote:
__________________ John Berryhill Ph.d., esq. John-AT-johnberryhill.com Please do not send private messages via dnforum.com, email me directly. | ||
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| | #4 (permalink) | ||
| Fiscal Conservative Name: RG Last Online: 10-31-2009 01:56 AM iTrader: (13) Join Date: Aug 2006
Posts: 5,874
DNF$: 20,092 Location: California
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Current Status: Abandoned-Failure To Respond Or Late Response Current Status: Abandoned: No Statement of Use filed after Notice of Allowance was issued. Would you say I'm OK to proceed? | ||
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I picked up a US TM recently thanks to Brett, I think the most expensive part of it was the initial Thomson Report which was around $600. After that there's an evaluation fee and filing fee and quite a long wait of around 10 months.
__________________ 'Those who stand for nothing fall for anything' - Alexander Hamilton in 1978 | |
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| | #6 (permalink) | |
| Philadelphia Lawyer | Quote:
The second application (and maybe even the first one) was an intent-to-use application. It was deemed to be registrable as a mark, but the applicant never demonstrated to the USPTO that they actually began using it. (The intent-to-use applications are designated by "filing status" 1B) There's a bunch of data fields in those records. They all mean something.
__________________ John Berryhill Ph.d., esq. John-AT-johnberryhill.com Please do not send private messages via dnforum.com, email me directly. | |
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| | #7 (permalink) | ||
| Fiscal Conservative Name: RG Last Online: 10-31-2009 01:56 AM iTrader: (13) Join Date: Aug 2006
Posts: 5,874
DNF$: 20,092 Location: California
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Thank you JB....I greatly appreciate the info. Last edited by Raider; 11-09-2007 at 06:02 PM.. Reason: Automerged Doublepost | ||
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| | http://www.digital-trademarks.com/facts.html#13 The Trademark Application Process Once your application is filed with the PTO, the PTO will issue a filing receipt. The trademark examining attorney will examine the application and may issue what's called an office action requesting changes to the application. If these changes are insignificant we will authorize them and inform you of them. If the changes are significant, we will consult with you to determine a course of action. Once the application has passed the examination phase, the mark will be published in the Official Gazette. Publication in the Official Gazette gives interested parties an opportunity to file a Notice of Opposition or request for extension to file a Notice of Opposition. If there is no opposition or the opposition is unsuccessful, the PTO will issue a Certificate of Registration.
__________________ 'Those who stand for nothing fall for anything' - Alexander Hamilton in 1978 |
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