(407) 205-2330
Orlando - Central Florida

Orlando Trademark Lawyer in Orlando Helps Clients Across Central Florida

What Happens Once a Trademark Application is Filed?

Once USPTO receives your trademark application and the required fee, it is assigned to an examining attorney to determine if the mark can be registered. That attorney may contact you to request that you disclaim any portion of the mark to permit registration of the remainder. Otherwise, if the mark is determined registrable your mark will be published in the Official Gazette of the Patent and Trademark Office. Should the attorney refuse to register your mark in entirety, you will be advised of the reasons for the attorney's refusal and permitted six months to reply or amend your application. Once a final refusal is issued, you may still appeal to the Trademark Trial and Appeal Board. Any outcome resulting from a "cancellation proceeding," "interference" or "concurrent use" may also be appealed.

When your mark has been published in the Gazette, anyone with a direct personal stake to contest your mark can file what is known as an "opposition to registration" within the 30-day publication window. Once the mark is filed, "cancellation proceeding" may be brought if a party bringing the proceeding has a genuine belief of having been damaged by the registration. See TBMP §102.02; 15 USC 1064. Note that while any grounds to prevent registration can be alleged if the proceeding is brought within 5 years from the date of registration, all proceedings brought after 5 years cannot be based on the count of confusion or descriptiveness alone. Other advantages exist after 5 consecutive years of continuous use if an affidavit is filed.

Regardless of registration, trademark infringement can give rise to a broad scope of available remedies presented against violators, including among others, cancellation of the registered mark, preliminary and final injunctions (such as when a mark is diluted), destruction of infringing articles and monetary compensation for willful violations. It is important to understand that while registration (or renewal) of a mark is not necessary to obtain enforcement rights, registration does offer some additional protections for the business and its clientele, which should not be overlooked. These advantages among others include notice of its existence when search is made, prima evidence of validity, priority over similar marks, potential incontestability, use of the symbol "R" and other remedies and protections.

Experienced Trademark Lawyer in Central Florida

Due to the complexity of the trademark application process we encorage you to contact an experienced trademark attorney if you are considering filling for a trademark. Contact us to provide you with advice or assistance with the registration of your trademark! call us at 407-205-2330 for a free consultation. You may also fill out the online form located on this page and our Orlando trademark attorney will contact you shortly. We would be honored to assist you.

PRACTICE AREAS
PERSONAL INJURY
EMPLOYMENT LAW
BUSINESS LAW

Featured Article

CONTACT US

facebook Google+ Account for Central Florida overtime Attorney Jonathan Allen Connect With Jonathan Allen in Linkedin - Orlando Unpaid Overtime Attorney Youtube Account of J. Allen Law - Employment and Business Attorneys in Orlando

390 N. Orange Ave, Suite 2300, Orlando FL 32801 * Main Phone: (407) 205-2330 * Direct Phone: (407) 205-2330 * Fax: (407) 442-0679

Disclaimer: This website is an advertisement by the Law Firm of J. Allen Law P.L. This advertisement is not intended nor shall it create an attorney-client relationship between you and this law firm or any attorney for this law firm. Nothing contained in this advertisement constitutes legal advice or guarantees any result. In addition, neither J. Allen Law P.L. nor its attorney(s) guarantee the accuracy or completeness of the information provided here, and shall not be liable for any errors or delays in the content, or for any actions taken in reliance of this information. Any content provided on this website is for informational purposes only and should not be relied upon and is not intended to be a ‘shortcut’ to replace the advice of a knowledgeable and experienced attorney. It is therefore strongly recommended that you consult with your legal counsel before making any decision. Finally, no tax advice or opinion has been intended, rendered or expressed on this website. Tax matters should be consulted expeditiously with reliable tax professionals. This firm has endeavored to comply with all known legal and ethical requirements in compiling this ad.