Asked in Trademark

Q: How do you prevent losing your trademark due to lack of use when challanged

Is there an easy way to maintain it while awaiting funding?

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1 Lawyer Answer
Robyn T. Williams
PREMIUM
Robyn T. Williams
Answered
  • Trademarks Lawyer
  • Wilmington, DE

A: The answer to your question depends on the circumstances surrounding your non-use including the length of time. Your non-use may be excusable under 37 C.F.R. §7.37. If a petitioner has challenged your mark before the Trademark Trial and Appeal Board, a response to the challenge should demonstrate that you have no intention to abandon the mark and the reasons for non-use are beyond your control.

Your inquiry states that you are awaiting funding. Depending on the entirety of the circumstances surrounding the delay of funding, your non-use may be excusable.

Just a quick heads-up, a response to the petitioners challenge is typically due with 30 days of the mailing date of the notice. This date of mailing is typically different from the date of receipt unless sent electronically.

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