Re: TM Question

On Mon, Jul 12, 1999, Charles Kramer <tilyou1[_at_]aol.com> wrote:
>
> If I'm posting this on the wrong list (since it is TM and not a C
> question) feel free to let me know...
>
> Background: a TM application based on "intent to use" the mark results
> in a Notice of Allowance. Actual use doesn't begin, but extensions of
> time to show actual are obtained (which is a requirement of obtaining
> registration), until time's up: work towards actual use has been going
> on, but there's still no actual use, and no more time extensions are
> available.
>
> What next? Start the process again by a new application based on intent?
>
> Please assume, for purposes of this question, that no fraud is involved
> on the part of the applicant. Some products -- for instance the
> merchandise sold in connection with movies that are in development --
> have unpredictable times to actual use.

Yes, you're out of luck and have to apply all over again. You also lose the constructive priority that you would have obtained had you perfected your application through actual use during the statutory post-Notice of Allowance period.

Bill Grantham, Attorney-at law
Rosenfeld, Meyer & Susman, LLP
9601 Wilshire Boulevard, 4th floor
Beverly Hills, CA 90210, USA
Tel: (310) 246-3266
Fax: (310) 271-6430
http://rmslaw.com/attorneys/grantham.htm mailto:billgra[_at_]rmslaw.com

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Received on Tue Jul 13 1999 - 16:21:32 GMT