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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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