Asked in Copyright and Trademark for Mississippi

Q: How do I pick up where I left off on my trademark logo. I thought it was finished

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1 Lawyer Answer
Michael Gerity
Michael Gerity
  • Trademarks Lawyer
  • Phoenix, AZ

A: Hello. Unfortunately, it's impossible to answer your question without knowing exactly where it is you left off. Assuming you are filing for federal registration, after you file, nothing much happens for quite a while (several months). Then an examiner is assigned, and very often they will issue an office action raising issues with your application. You usually have six months to file a response attempting to address those issues. The examiner then considers your response and decides whether to move forward or issue another office action. If you move forward, then the application has to be published and given a chance for others to oppose. If it gets through that, then your mark is either allowed (if you filed an intent to use application) or registered (if you filed an application based on actual use). If you filed an intent to use application, you still have to file proof that you've started using the mark (called a specimen) within six months, or else file for an extension of time to do so. Once your mark is issued, then you have to do several things to maintain it, both in the 5-6 year mark, and the 10 year mark.

Again, it's impossible to know how you pick up without knowing where you are in the above process, though.

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