Comments on: Can I Revive or Reinstate My Trademark Registration If I Forget to Renew It? http://patents101.com/2010/02/reinstate-trademark-registration/ Patents101, Hyra IP's Patents Blog Fri, 03 Sep 2010 21:25:10 +0000 http://wordpress.org/?v=2.9.1 hourly 1 By: Clifford D. Hyra http://patents101.com/2010/02/reinstate-trademark-registration/comment-page-1/#comment-603 Clifford D. Hyra Tue, 30 Mar 2010 19:28:23 +0000 http://patents101.com/?p=576#comment-603 Thom, First of all let me say I am excited to have the writer of "Redneck Yacht Club" commenting on my blog! Anyway, once you use up all your extensions, if you want to keep an application active you unfortunately have to file a new application. If you know you are not going to meet the deadline, you could file your new application even before your existing one expires. Hopefully no confusingly similar marks have been applied for since your original application was filed. If you are trying to use the trademark before the deadline, keep in mind the requirements for use in commerce. If your trademark is for services such as restaurant services, use requires advertisement of the listed services in connection with the mark and the services must be available now. If your trademark is for a physical product ("goods"), the trademark needs to be on the goods or their packaging, tags/labels, etc., and the goods have to be shipped across state lines for sale. Selling the goods over the Internet and using the mark on the website qualifies under certain circumstances as well. If you have any question about whether your use is sufficient, you should contact an attorney. These are general guidelines and I have no knowledge of your particular situation, so of course I cannot give you actual legal advice over my blog. Thom,

First of all let me say I am excited to have the writer of “Redneck Yacht Club” commenting on my blog! Anyway, once you use up all your extensions, if you want to keep an application active you unfortunately have to file a new application. If you know you are not going to meet the deadline, you could file your new application even before your existing one expires. Hopefully no confusingly similar marks have been applied for since your original application was filed.

If you are trying to use the trademark before the deadline, keep in mind the requirements for use in commerce. If your trademark is for services such as restaurant services, use requires advertisement of the listed services in connection with the mark and the services must be available now.

If your trademark is for a physical product (“goods”), the trademark needs to be on the goods or their packaging, tags/labels, etc., and the goods have to be shipped across state lines for sale. Selling the goods over the Internet and using the mark on the website qualifies under certain circumstances as well.

If you have any question about whether your use is sufficient, you should contact an attorney. These are general guidelines and I have no knowledge of your particular situation, so of course I cannot give you actual legal advice over my blog.

]]> By: Thom Shepherd http://patents101.com/2010/02/reinstate-trademark-registration/comment-page-1/#comment-602 Thom Shepherd Tue, 30 Mar 2010 19:04:18 +0000 http://patents101.com/?p=576#comment-602 I have a trademark that has not shown use yet. It runs out May 1, and this is our last extension. Do we just start over and re-apply or are we out of luck? It is for a restaurant chain. I have an interested party who could do a contract with us for intent to use the name but does that count as showing use? His business won't be open until several months past our deadline. I have a trademark that has not shown use yet. It runs out May 1, and this is our last extension. Do we just start over and re-apply or are we out of luck?
It is for a restaurant chain. I have an interested party who could do a contract with us for intent to use the name but does that count as showing use? His business won’t be open until several months past our deadline.

]]> By: Amy Alkon http://patents101.com/2010/02/reinstate-trademark-registration/comment-page-1/#comment-582 Amy Alkon Thu, 11 Mar 2010 08:48:04 +0000 http://patents101.com/?p=576#comment-582 Thanks, you're a dear. If you have any love advice questions, I'd be happy to answer those! Thanks, you’re a dear. If you have any love advice questions, I’d be happy to answer those!

]]> By: Clifford D. Hyra http://patents101.com/2010/02/reinstate-trademark-registration/comment-page-1/#comment-581 Clifford D. Hyra Thu, 11 Mar 2010 03:02:14 +0000 http://patents101.com/?p=576#comment-581 Amy, Unfortunately, once you miss the deadline the time for filing an opposition cannot be extended or waived. See <a href="http://tess2.uspto.gov/tmdb/tmep/1500.htm#_T150303" rel="nofollow">TMEP 1503.03</a> However, once the registration is granted you can petition to cancel the registration, which is substantially similar to opposing the application. If you have any specific questions about your situation, feel free to contact me directly. Amy,

Unfortunately, once you miss the deadline the time for filing an opposition cannot be extended or waived. See TMEP 1503.03

However, once the registration is granted you can petition to cancel the registration, which is substantially similar to opposing the application. If you have any specific questions about your situation, feel free to contact me directly.

]]> By: Amy Alkon http://patents101.com/2010/02/reinstate-trademark-registration/comment-page-1/#comment-580 Amy Alkon Wed, 10 Mar 2010 19:11:48 +0000 http://patents101.com/?p=576#comment-580 If you miss the deadline (January 28, 2010) to file an opposition against a trademark that violates yours, are you totally out of luck? I can't afford to engage my trademark atty, who I love, thanks to tough times in this economy and I'm trying to do it myself. Have the form to file a notice of opposition - just not sure if I can get an extension. If you miss the deadline (January 28, 2010) to file an opposition against a trademark that violates yours, are you totally out of luck? I can’t afford to engage my trademark atty, who I love, thanks to tough times in this economy and I’m trying to do it myself. Have the form to file a notice of opposition – just not sure if I can get an extension.

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