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| Terms: |
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Neologisms: 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. |
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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.
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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.
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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.
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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.
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| 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. |
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