Brooklyn, NY asked in Trademark for Delaware

Q: Hi there , Basically we have a deficiency letter in need of a response it was incomplete plus to file amendment.

Do I file a ALLEGATION OF USE (STATEMENT OF USE/AMENDMENT TO ALLEGE USE) first and then answer this deficiency letter or both can be done together?

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2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Trademarks Lawyer
  • Mesa, AZ

A: You should consult an attorney.

Most likely you need to respond to the office action and then wait for the notice of allowance to be issued

Julia Lang
Julia Lang
Answered
  • Trademarks Lawyer
  • St. Louis, MO

A: It sounds like you have a 1(b) application (filed on an intent-to-use basis). When an application is refused, an applicant can typically do one or both of two things: (1) file an amendment changing the application to meet the examiner's objections; and/or (2) file a formal response, setting forth a legal rebuttal to the examiner's objections.

I highly recommend consulting a trademark attorney to go over the facts of your specific case. You can work with a trademark attorney licensed in any state, not just the state where you are located. I'm happy to discuss this matter further if you'd like to reach out.

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