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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.


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

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