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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (888) 341-4457
- View Profile
- Answered
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.
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.
