Durango, CO asked in Contracts and Trademark for Colorado

Q: Our Trademark case says it's still suspended. How do we get it un-suspended? REMEMBERSTUFF

Related Topics:
1 Lawyer Answer
Michael Gerity
Michael Gerity
Answered
  • Trademarks Lawyer
  • Phoenix, AZ
  • Licensed in Colorado

A: It looks like your application was suspended because there was another application filed before it for nearly the same mark. Thus, the other application must run its course to see if it results in a registration before your application can be properly evaluated.

In this particular case, the other application had an office action issued in November, just a little bit after your application was placed on suspension. An office action is a document raising some kind of problem with their application. They were required to respond to the office action by May, and they didn't, so their application became abandoned in June.

Now, normally I'd say that a simple call to the examiner could get your application going again, and technically, that is true. However, the other applicant can still create a whole lot more problems for you down the road, particularly if their claim that they started using the mark clear back in 2003 is true. An awful lot needs to be analyzed with the possible conflict between you and the other applicant. The fact that their recent application has been abandoned doesn't mean they might not file again or otherwise seek to oppose your registration.

***Please note the important disclaimers below.***

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.