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Preparation and Prosecution of Applications for Trademark Registration
To be registrable, a mark must not be so similar to a registered trademark to be likely to cause confusion or mistake in the minds of consumers seeking to purchase the goods or services. Once filed, a trademark application is scrutinized by a knowledgeable trademark examiner who ascertains whether the mark is clear of already registered trademarks for the same or similar goods and/or services. If the trademark examiner concludes that the mark merits registration, then the application is passed to publication to allow the public 30 days in which to oppose registration. If no opposition is filed, then the mark will be registered in due course. If an opposition is filed, then usually a settlement agreement is sought to allow registration within a limited product or service of scope. If the opposer is adamant in preventing applicant from obtaining registration regardless of scope, then either the application is abandoned or the applicant elects to litigate the oppostion in the Trademark Trial and Appeals Board. If the examiner refuses registration in the form of an Office Action, with the help of the applicant, an appropriate amendment is prepared as a response to persuade the examiner that the refusal has been overcome. If the examiner agrees, then the application is passed to publication. If the examiner again refuses registration in spite of the amendment, then another amendment is prepared as a response to persuade the examiner that the refusal has been overcome. If the examiner's refusal is reasserted, than an appeal may be made to the Trademark Trial and Appeals Board; otherwise, the application becomes abandoned in due course. |
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