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.

The Trademark Law is quite generous in this respect, allowing for six 6-month extensions of time of time aggregating up to a total of three years (assuming that good cause can be shown for extensions beyond the first two 6-month periods). After that, it's time to reapply.

Bob

Robert C. Cumbow
> Graham & Dunn, P.C.
> 1420 Fifth Avenue, 33rd Floor
> Seattle, Washington 98101-2390
> Phone: 206-340-9619
> Fax: 206-340-9599
> E-mail: rcumbow[_at_]grahamdunn.com
> Website: http://www.grahamdunn.com/
>
Received on Tue Jul 13 1999 - 19:41:46 GMT