Q: What next if specimens for Declaration 8 & 9 are deficient and 10 years are up?
I filed Declaration 8&9 at the very end of the 10 year period, which ended in June this year. About 10 days later, after the end of the 10 year period, I received an Office Action saying that the specimen was deficient. I responded to the action on TEAS with the substitute specimens that I had that were in effect during "the relevant period". My question is this: if my response to the Action is not accepted, how long do I have to wait and what steps do I have to take to start a new application for registration, other than just submit the TEAS application? (Followup: the substitute specimens were accepted. Whew! And also promptly improved. I concur with the answer below; get professional advice or at minimum fully research specimen requirements without making assumptions.)
A: You can submit a new application after your current registration is cancelled. Although, if the USPTO rejected your specimens for the renewal, it will also reject them for the new application. I recommend working with a trademark attorney to ensure you have acceptable specimens.
1 user found this answer helpful
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.