Q: I need to file a trademark under 032 and it looks like there is a Non-FInal Action - Mailed status. Is it too late forme
I need to know if i can apply for a trademark if there is already a Non-Final action for the entity that is currently pursuing it.
A: You can file but it is best to evaluate your position first. Sometimes similar trademarks can coexist. Sometimes they can't. Without a review, the fact that there is a non-final action is not informative. Some non-final actions are easily overcome.
John Martin Hilla agrees with this answer
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