- Non-Final Office Action
- Notice Of Abandonment
- Notice Of Allowance
- Notice Of Publication
- Notice of Registration
A new word or a new meaning for a new word; the use of, or practice of creating, new words or new meanings. Names that are made-up such as Kodak or Blitax. These types of Marks are easiest to register.
Non-Final Office Action:
An Office action letter that raises new issues and usually is the first phase of the examination process. An examining attorney will issue a non-final Office action after reviewing t he application for the first time. If a new issue arises after the applicant responds to the first non-final Office action, the examining attorney will issue another non-final Office action that sets forth the new issue(s) and continues any that remain outstanding. Applicants must respond to non-final Office action letters within 6 months from the date they are issued to avoid abandonment of the application.
Notice Of Abandonment:
A written notification from the USPTO that an application has been declared abandoned or, in other words, is no longer pending. If the application was abandoned unintentionally or due to Office error, the applicant has a deadline of two months from the issue date of the notice of abandonment to file either (1) a petition to revive the application or (2) a request to reinstate the application.
Notice Of Allowance:
(NOA) – A written notification from the USPTO that a specific mark has survived the opposition period following publication in the Official Gazette, and has consequently been allowed for registration. It does not mean that the mark has registered yet. Receiving a notice of allowance is another step on the way to registration. Notices of allowance are only issued for applications that have been filed based on “intent to use”. The notice of allowance is important because the issue date of the Notice of Allowance establishes the due date for filing a statement of use. After receiving the Notice of Allowance, the applicant must file a statement of use or a request for an extension of time to file a statement of use within 6 months from the issue date of the notice. If the applicant fails to timely file a statement of use or a request for an extension of time to file a statement of use, the application will be abandoned.
Notice Of Publication:
A written statement from the USPTO notifying an applicant that its mark will be published in the Official Gazette. If the examining attorney assigned to an application raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication. The notice of publication provides the date of publication. Any party who believes it may be damaged by registration of the mark has thirty (30) days from the publication date to file either an opposition to registration or a request to extend the time to oppose. If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process. A Certificate of Registration will issue for applications based on use or on a foreign registration under §44, or a Notice of Allowance will issue for intent-to-use applications.
Notice of Registration:
Federal registrations including both marks on the Principal and Supplemental Registers can be marked with statutory notations. Several versions are permitted. The most commonly used form is the ® or “Circle R.” This should never be used with an unregistered mark, since this would be construed as fraud on the Trademark Office. Also, the “Circle R” should only be used in connection with the goods or services for which the mark is registered. If a notice of registration is used with the mark, the registrant is not precluded from recovering profits and damages in an infringement suit. Sometimes a TM or SM symbol, to mean trademark or service mark, is seen. These are non-statutory. The only purpose they serve is to make the mark distinctive.